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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter. Claim 12 recites “[A] program causing a processor of a device for operating an operation target device including a display screen” in the preamble of the claim. As the claim is drawn to software, the claim does not fall within a statutory category.
Allowable Subject Matter
Claims 1-11 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1 and similarly claims 11, and dependents, Prior Art fails to disclose:
A device for operating an operation target device including a display screen, the device comprising a processor, wherein the processor executes:
acquiring motion information on motion of a predetermined body part of a user from a sensor mounted on the body part;
controlling a pointer displayed on a display screen, based on an operation mode, which is set to one of:
(1) a moving mode in which a moving signal relating to moving, over the display screen, the pointer displayed on the display screen is transmittable to the operation target device, based on the motion information,
(2) a restricting mode in which movement of the pointer on the display screen is restricted, and
(3) a pressing mode in which a pressing signal relating to executing a pressing operation at a position of the pointer on the display screen is transmittable to the operation target device, based on a part of the motion information;
setting the operation mode to the pressing mode; and
after setting the operation mode to the pressing mode, setting the operation mode after the pressing operation, to either the moving mode or the restricting mode, based on whether or not the motion information on a first motion to send the pressing signal and the motion information on a second motion after the first motion, out of the motion information acquired in the pressing mode, satisfies a first condition relative to the motion of the predetermined body part.
DE FORAS et al (US 2014/0092011) discloses a device for operating an operation target device including a display screen, the device comprising a processor (abstract), wherein the processor executes: acquiring motion information on motion of a predetermined body part of a user from a sensor mounted on the body part; controlling a pointer displayed on a display screen, based on an operation mode, which is set to one of: (1) a moving mode in which a moving signal relating to moving, over the display screen, the pointer displayed on the display screen is transmittable to the operation target device, based on the motion information 310, and (2) a restricting mode in which movement of the pointer on the display screen is restricted 330 (Figure 3a, 4a; paragraph 45-49). However, DE FORAS fails to disclose a pressing mode in which a pressing signal relating to executing a pressing operation at a position of the pointer on the display screen is transmittable to the operation target device, based on a part of the motion information; setting the operation mode to the pressing mode; and after setting the operation mode to the pressing mode, setting the operation mode after the pressing operation, to either the moving mode or the restricting mode, based on whether or not the motion information on a first motion to send the pressing signal and the motion information on a second motion after the first motion, out of the motion information acquired in the pressing mode, satisfies a first condition relative to the motion of the predetermined body part.
TIAN discloses a device for operating an operation target device including a display screen, the device comprising a processor (abstract), wherein the processor executes: acquiring motion information on motion of a predetermined body part of a user from a sensor mounted on the body part (Figure 1); controlling a pointer displayed on a display screen, based on an operation mode, which is set to one of: (1) a moving mode in which a moving signal relating to moving, over the display screen, the pointer displayed on the display screen is transmittable to the operation target device, based on the motion information, and a pressing mode in which a pressing signal relating to executing a pressing operation at a position of the pointer on the display screen is transmittable to the operation target device, based on a part of the motion information (paragraph 291, 306-307). However, TIAN fails to disclose a restricting mode in which movement of the pointer on the display screen is restricted, and setting the operation mode to the pressing mode; and after setting the operation mode to the pressing mode, setting the operation mode after the pressing operation, to either the moving mode or the restricting mode, based on whether or not the motion information on a first motion to send the pressing signal and the motion information on a second motion after the first motion, out of the motion information acquired in the pressing mode, satisfies a first condition relative to the motion of the predetermined body part.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior Art listed on the attached PTOL-892 not referred to are provided as a general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIEL A BALAOING whose telephone number is (571)272-7317. The examiner can normally be reached 8AM-4AM M-F.
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/ARIEL A BALAOING/ Primary Examiner, Art Unit 2624