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 .
Priority
Acknowledgement is made to the instant application’s claim for priority to provisional application 63/654,798, and as such the earliest date of priority of 05/31/2024 is granted to the instant application.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show elastic member 112 as described in the specification, and as claimed throughout the claims. The drawings currently do not depict an elastic member, and as depicted for example in figure 1 of the instant drawing it appears that reference numeral 112 is pointing to a portion of the surface of the first grip 106. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 3 is objected to because of the following informalities:
On line 2, “at least one of the plurality of connection points” should be “at least one connection point of the plurality of connection points”.
Claim 6 is objected to because of the following informalities:
On line 2, “wherein the plurality of connection points are hook shaped” should be “wherein each connection point of the plurality of connection points are hook shaped”.
Claim 10 is objected to because of the following informalities:
On line 2, “at least one of the plurality of connection points” should be “at least one connection point of the plurality of connection points”.
Claim 13 is objected to because of the following informalities:
On line 2, “wherein the plurality of connection points are hook shaped” should be “wherein each connection point of the plurality of connection points are hook shaped”.
Appropriate correction is required.
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) 1,3-7,16,-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Silagy US 20070060448 A1.
Regarding claim 1:
Silagy discloses a device comprising: a body (body 20), the body comprising: a first grip (recesses 22A-B); a second grip (recesses 22C-D and central opening 23); a connecting member (See annotated figure 1), wherein the first grip is connected to the second grip via the connecting member (See annotated figure 1); and a plurality of connection points (grooves 29A-G, with guides 25A-G) disposed on the body (See figure 1).
[AltContent: connector][AltContent: connector][AltContent: textbox (Connecting Member)][AltContent: arrow]
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Regarding claim 3:
Silagy discloses the device of claim 1, further comprising an elastic member (elastic member 30) configured to be connected to at least one of the plurality of connection points (“A groove for receiving elastic member 30 can optionally be provided wherever elastic member 30 contacts the periphery of body 20, such as, for example, grooves 29A through 29G located under each corresponding guide 25A-G (see FIG. 1), and grooves 24 along the sides of body 20.” See paragraph [0010]).
Regarding claim 4:
Silagy discloses the device of claim 1, wherein the body is formed of a plastic material (“The material of construction of body 20 is not critical. Body 20 can be made, for example, form plastic, rubber, metal, ceramic, wood, or the like.” See paragraph [0010]).
Regarding claim 5:
Silagy discloses the device of claim 1, wherein the plurality of connection points comprise a first plurality of connection points disposed at a first location of the body (Guides 25A-E located on the top of the body) and a second plurality of connection points disposed at a second location of the body (guides 25F-G located on the bottom of the body).
Regarding claim 6:
Silagy discloses the device of claim 1, wherein the plurality of connection points are hook shaped (See figure 1 which depicts the guides as hooks).
Regarding claim 16:
Silagy discloses a kit comprising: an elastic member; and the device of claim 1 (The examiner notes that elastic member 30 and body 20 together comprise the kit).
Regarding claim 17
Silagy discloses the kit of claim 16, wherein the kit comprises a plurality of elastic members (“As noted above, elastic member 30 can be removed from body 20. This permits one elastic member 30 to be replaced with another elastic member having different resistive force.” See paragraph [0013]).
Regarding claim 18:
Silagy discloses the kit of claim 17, wherein the plurality of elastic members are color coated to identify a resistance level of each of the plurality of elastic members (“Furthermore, coloring matter can be provided during manufacture to produce colored elastic members. Different colors can be indicative of different levels of resistance. In one illustrative coloring scheme, a yellow elastic member would indicate a low level of resistance, with red, green, blue and black indicating progressively greater levels of resistance.” See paragraph [0015]).
Regarding claim 20:
Silagy discloses the kit of claim 16, wherein the elastic member is a rubber band (“Elastic member 30 is, essentially, a rubber band that serves as a means of providing resistance during exercise.” See paragraph [0012]).
Claim Rejections - 35 USC § 103
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) 2,7, 9-14, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Silagy US 20070060448 A1, and further in view of Tsai et al. US 20160346680 A1.
Silagy as modified teaches the invention as substantially claimed above.
Regarding claim 2:
Silagy teaches the device of claim 1 but fails to teach wherein the device is formed in a shape of a video game controller.
The examiner notes that changing the shape of the body of Silagy to be in the shape of a game controller amounts to no more than a change in shape, which as stated in MPEP chapter 2144.04, section IV., subsection B. a change in shape does not create a patentably distinct invention.
For the purposes of examination, however, Tsai teaches a user input device is described that includes a ring that is connected to a housing of the user input device and that surrounds an aperture included in the housing from which a user-manipulable portion of a thumbstick extends (See abstract) and further teaches wherein the device is formed in a shape of a video game controller (See figure 2).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Silagy to have the shape of a video game controller as taught by Tsai as it amounts to no more than a change in shape which as stated above according to MPEP chapter 2144.04, section IV, subsection B, does not create a patentably distinct invention. The Examiner further notes that there is no one shape that constitutes a game controller, and the definition of game controller is not adequately defined in the specification as a particular shape.
Regarding claim 7:
Silagy teaches the device of claim 1 but fails to teach wherein the body is hollow.
Tsai, however, teaches a user input device is described that includes a ring that is connected to a housing of the user input device and that surrounds an aperture included in the housing from which a user-manipulable portion of a thumbstick extends (See abstract) and further teaches wherein the body is hollow (“As shown in these figures, game controller 200 comprises a housing 202 that includes a number of mechanically interconnected components, including a top case 250, a bottom case 252 and a bottom trim component 254, that together define a cavity in which various internal components of game controller 200 are disposed.” See paragraph [0040]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Silagy to have a hollow body as taught by Tsai, so that the device can have a lightweight construction and still maintain its shape during use.
Regarding claim 9:
Silagy teaches a video game controller shaped device comprising: a body (body 20), the body comprising: a first grip (recesses 22A-B); a second grip (recesses 22C-D and central opening 23); a connecting member (See annotated figure 1), wherein the first grip is connected to the second grip via the connecting member (See annotated figure 1); and a plurality of connection points (grooves 29A-G, with guides 25A-G) disposed on the body (See figure 1).
The examiner notes that while the preamble of a claim is not given patentable weight, the invention of Silagy does not teach that the device has a video game controller shape. In addition, the examiner notes that changing the shape of the body of Silagy to be in the shape of a game controller amounts to no more than a change in shape, which as stated in MPEP chapter 2144.04 section IV., subsection B. a change in shape does not create a patentably distinct invention.
For the purposes of examination, however, Tsai teaches a user input device is described that includes a ring that is connected to a housing of the user input device and that surrounds an aperture included in the housing from which a user-manipulable portion of a thumbstick extends (See abstract) and further teaches wherein the device is formed in a shape of a video game controller (See figure 2). Tsai, further teaches wherein the body is hollow (“As shown in these figures, game controller 200 comprises a housing 202 that includes a number of mechanically interconnected components, including a top case 250, a bottom case 252 and a bottom trim component 254, that together define a cavity in which various internal components of game controller 200 are disposed.” See paragraph [0040]).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Silagy to have the shape of a video game controller as taught by Tsai as it amounts to no more than a change in shape which as stated above according to MPEP chapter 2144.04, section IV, subsection B, does not create a patentably distinct invention. The Examiner further notes that there is no one shape that constitutes a game controller, and the definition of game controller is not adequately defined in the specification as a particular shape.
Regarding claim 10:
Silagy as modified discloses the video game controller shaped device of claim 9, further comprising an elastic member (elastic member 30) configured to be connected to at least one of the plurality of connection points (“A groove for receiving elastic member 30 can optionally be provided wherever elastic member 30 contacts the periphery of body 20, such as, for example, grooves 29A through 29G located under each corresponding guide 25A-G (see FIG. 1), and grooves 24 along the sides of body 20.” See paragraph [0010]).
Regarding claim 11:
Silagy as modified discloses the video game controller shaped device of claim 9, wherein the body is formed of a plastic material (“The material of construction of body 20 is not critical. Body 20 can be made, for example, form plastic, rubber, metal, ceramic, wood, or the like.” See paragraph [0010]).
Regarding claim 12:
Silagy as modified discloses the video game controller shaped device of claim 9, wherein the plurality of connection points comprise a first plurality of connection points disposed at a first location of the body (Guides 25A-E located on the top of the body) and a second plurality of connection points disposed at a second location of the body (guides 25F-G located on the bottom of the body).
Regarding claim 13:
Silagy as modified discloses the video game controller shaped device of claim 9, wherein the plurality of connection points are hook shaped(See figure 1 which depicts the guides as hooks).
Regarding claim 14:
Silagy as modified by Tsai teaches the video game controller shaped device of claim 9, wherein the body is hollow (See rejection of claim 9).
Regarding claim 19:
Silagy teaches the kit of claim 16 but fails to teach wherein the device is formed in a shape of a video game controller.
The examiner notes that changing the shape of the body of Silagy to be in the shape of a game controller amounts to no more than a change in shape, which as stated in MPEP chapter 2144.04 section IV., subsection B. a change in shape does not create a patentably distinct invention.
For the purposes of examination, however, Tsai teaches a user input device is described that includes a ring that is connected to a housing of the user input device and that surrounds an aperture included in the housing from which a user-manipulable portion of a thumbstick extends (See abstract) and further teaches wherein the device is formed in a shape of a video game controller (See figure 2). Tsai, further teaches wherein the body is hollow
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Silagy to have the shape of a video game controller as taught by Tsai as it amounts to no more than a change in shape which as stated above according to MPEP chapter 2144.04, section IV, subsection B, does not create a patentably distinct invention.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Silagy US 20070060448 A1, and further in view of Ranky et al. US 20130310717 A1.
Silagy as modified teaches the invention as substantially claimed above.
Regarding claim 8:
Silagy teaches the device of claim 1 but fails to teach wherein the body is formed by an additive manufacturing process.
The examiner notes that paragraph [0010] of Silagy does state, “The manner of construction of body 20 is likewise not critical. Body 20 can be molded, cast, stamped, carved, or formed using any other technique. Body 20 can be a unitary structure or can be made from two or more pieces that are, for example, snap fit together. In embodiments, body 20 is a unitary structure that is molded or cast from a latex-free synthetic material.” However, specifically additive manufacturing is not discussed.
Ranky, however, teaches an apparatus for distal extremity rehabilitation includes a mechanical ground subassembly for disposition on a dorsal side of a patient's distal extremity, at or near a joint of the patient (See abstract) and further teaches wherein the body is formed by an additive manufacturing process (“The dorsal side component 102 of MCP Subassembly 100 (i.e., the side in contact with the patient hand) may be customized to the patient by 3D scanning the patient's extremity such as hand or ankle, and producing the dorsal side component 102 using additive manufacturing techniques with the scan data as input.” See paragraph [0040]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the body of the device of Silagy using additive manufacturing processes as taught by Ranky, as Silagy mentions that the specific process with which the device is manufactured can be anything, and additive manufacturing provides the benefits of greater customization, faster prototyping, and lower material costs/wastes when iterating designs.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Silagy US 20070060448 A1, in view of Tsai et al. US 20160346680 A1, and further in view of Ranky et al. US 20130310717 A1.
Silagy as modified teaches the invention as substantially claimed above.
Regarding claim 15:
Silagy as modified teaches the video game controller shaped device of claim 9 but fails to teach wherein the body is formed by an additive manufacturing process.
The examiner notes that paragraph [0010] of Silagy does state, “The manner of construction of body 20 is likewise not critical. Body 20 can be molded, cast, stamped, carved, or formed using any other technique. Body 20 can be a unitary structure or can be made from two or more pieces that are, for example, snap fit together. In embodiments, body 20 is a unitary structure that is molded or cast from a latex-free synthetic material.” However, specifically additive manufacturing is not discussed.
Ranky, however, teaches an apparatus for distal extremity rehabilitation includes a mechanical ground subassembly for disposition on a dorsal side of a patient's distal extremity, at or near a joint of the patient (See abstract) and further teaches wherein the body is formed by an additive manufacturing process (“The dorsal side component 102 of MCP Subassembly 100 (i.e., the side in contact with the patient hand) may be customized to the patient by 3D scanning the patient's extremity such as hand or ankle, and producing the dorsal side component 102 using additive manufacturing techniques with the scan data as input.” See paragraph [0040]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the body of the device of Silagy using additive manufacturing processes as taught by Ranky, as Silagy mentions that the specific process with which the device is manufactured can be anything, and additive manufacturing provides the benefits of greater customization, faster prototyping, and lower material costs/wastes when iterating designs.
Conclusion
The following prior art made of the record has not been relied upon but has been found to be pertinent to the content of the applicant’s disclosure:
Falc et al. US 20210379488 A1: Game Controller Comprising At Least One Pivoting Control Member with a Modifiable Stop Angle, which teaches a game controller (1) including an assembled shell (2) and at least one pivoting control member (3) which passes through the assembled shell (2) and can be tilted manually in all directions from a rest position into which it returns in a rotationally elastic manner.
King III US 11083233 B2: Therapeutic Glove for Support and Exercise of Fingers and Wrist, which teaches an exercise apparatus that includes a glove having a palm, wrist, fingers and a thumb; at least one elastic band; and band guides attached to backs of the fingers of the glove and to the base of the palm of the glove. The at least one elastic band passes through the band guides which allow the at least one elastic band to expand and contract as a wearer of the glove straightens and contracts at least one of fingers and thumb inside the glove.
Wakuda US 8152697 B2: Exercise Tool, which teaches an exercise tool having a first rod body 10 and a second rod body 20 which are rotatable in opposite directions and also movable away from each other against the biasing force of a coil spring 70. Ring-shaped latch portions 71 and 72 provided at respective ends of the coil spring 70 are removably latched by first and second elastic-member latch bodies 50 and 60, respectively, so that the coil spring 70 can readily be replaced with another coil spring 70 having a different elastic force, thereby facilitating changing the magnitude of the load applied during the wrist exercise.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN A DICUIA/Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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