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
Applicant’s amendment filed August 24, 2012. Claims 1-10,19-21,25,35-42 and 50 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 1-10,19-21,25,35-42 and 50 are rejected under 35 U.S.C. 103(a) as being unpatentable over Rast (US 20030216228 A1) in view of Bernstein (US 20120168241 A1).
Regarding claim 1, Rast discloses a device (para 175, The ball transmit information such as impact acceleration, time of flight, rolling status, rolling pressure, location, and so forth) comprising:
a tilt sensor that produces an output signal responsive of the device (para 295, method of sensing impacts is with the use of acceleration sensors, along at least one axis, registering accelerations in three axis provides in registering impact forces and tilt sensors, and other forms of sensors utilized for registering impacts);
an audible emitter that emits an audible sound (para 05, apparatus generates audible in response to strike that generates audio in response to patterns of motion, para 315, Fig. 7, impacts registered as output for users and sound output with impact range, sounds generated);
a rechargeable battery (para 174, powered by selected from following (1) primary batteries, (2) rechargeable cells, (3) inductive charging (of battery or capacitor), (4) convert impact accelerations to energy, para 340, The unit operated from single battery, such as coin cell, or AAA battery, power source utilized such as capacitive power, solar power, fuel cell power, and the like);
a battery charger configured for contactless charging the rechargeable battery (para 174, powered by a method selected from the following (1) primary batteries, (2) sealed rechargeable cells, (3) inductive charging (of battery or capacitor), para 309, powered by an internal source or by received RF or inductive power, para 346, inductivly charge the energy storage device);
one or more processors programmed with computer program instructions (para 313, microcontroller 114, comprising: (1) An impact range control 126 which determines the amount of audio generated for a given impact); and
an enclosure that houses the tilt sensor, the audible emitter, the rechargeable battery, the one or more processors, and the battery charger (para 312, Fig. 6, device using a microcontroller 114, acceleration sensors 110, audio device 120, audio transducer 122, power control circuit 116, para 324, FIG. 10, device 102, acceleration sensor 104, more than one axis of acceleration, such as in three axes. The output of acceleration sensor 104),
wherein the rechargeable battery is connected for powering the tilt sensor, the audible emitter, and the one or more processors (para 295, A printed circuit board (PCB) 32, or similar retention structure, to which electronics and mechanical elements may be joined and sensing impacts with use of acceleration sensors, One of ordinary skill in the art will appreciate that tilt sensors, and other forms of sensors alternatively utilized for registering impacts, para 312, Fig. 6, device using microcontroller. One or more acceleration sensors 110, microcontroller 114. A power control circuit 116, microprocessor 114, Microcontroller 114 generates audio output coupled to an audio device 120 coupled with audio transducer 122 (i.e. coil speaker, or piezoelectric transducer), para 143, unit powered from a battery, or similar portable power source, para 174, device powered from (1) primary batteries, (2) sealed rechargeable cells, (3) inductive charging, para 340, 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, Fig. 18, device 500, para 348, controller 502 receives power from a power source 504, powered by a fuel cell, battery or other portable unit, position sensor 508 detects relative position, ball sensor 510 detecting position of balls proximal unit, RF output 512) , and
wherein the computer program instructions, when executed, cause the device to emit the audible sound by the audible emitter in response to the tilt angle sensed by the tilt sensor (para 294-295, control unit 12 within a housing 24, generated audio is directed, Registering accelerations in three axis , tilt sensors, and other forms of sensors utilized for registering impacts, para 307, The impacts registered from sensors 60a, 60b are transmitted through antenna 62 to the audio generation/control unit 52, para 299-300, device emits organic human sound, such as moans, groans, and even screams, in response to the intensity of the impacts being registered, device is to generate in response to the sparring event).
Rast specifically fails to disclose produces output signal responsive to a tilt angle of the device.
In analogous art, Bernstein (US 20120168241 A1) discloses produces output signal responsive to a tilt angle of the device (para 214, FIG. 14B and FIG. 14C device which the user can steer the self-propelled device through, for example, tilting or movement of the controller computing device 1430, para 181, The device performs one or more actions that are responsive to the user action or actions dictated by the program that is executing on the device, para 89, FIG. 3 device 300 that is in the form of ball, para 51, power 124 is a rechargeable battery, inductive charge for recharging power 124, inductive charge accepts magnetic energy and converts it to electrical energy to recharge batteries, para 107, controller determines desired angle 510 to produces desired speed).
Additionally Provisional Application Bernstein (US 61430023) teaches device produces output signal responsive to a tilt angle of the device (Fig. 2, device 210, gyroscope 227, movement control device, 230, para 045-046, accelerometers or gyroscope to determine pitch and roll, yaw and tilt processor produce output in response to orientation provided by tilt od control, para 050, system aligner 220 directional command move direction of movement by directional command) and Fig. 7, robotic ball 700, internal movement controller 730, para 083, 088, processor 730 execute command to effect movement pf robot ball 700, tilting forward will give tilt direction 0 degree to 90 and to 270 degree designated by orientation within reference system)).
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 Bernstein to use device communicates its state (e.g., position information) to the controller device, which reflects a corresponding change in the position of the virtual object for example, both the self-propelled device and the controller device may trace a similarly shaped path; the user can enter input that moves or changes position of the virtual representation, and this change is reflected by real-world movement of the self-propelled device [Bernstein, para 213].
Regarding claim 2, Rast discloses the device according to claim 1, wherein the contactless charging comprises an inductive charging (para 174, powered by a method selected from the following (1) primary batteries, (2) sealed rechargable cells, (3) inductive charging (of battery or capacitor)).
Regarding claim 3, Rast discloses the device according to claim 2, wherein the battery charger comprises an induction coil for inductively receiving AC power when in an electromagnetic field (para 174, powered by a method selected from the following (1) primary batteries, (2) sealed rechargable cells, (3) inductive charging (of battery or capacitor), para 340, The unit is preferably operated from a single battery, such as a coin cell, or AAA battery, although any power source (i.e. AC power) may be utilized such as capacitive power, solar power, fuel cell power, and the like).
Bernstein also Inductive charge port 128 allows for recharging power 124 without a wired electrical connection, inductive charge port 128 accepts magnetic energy and converts it to electrical energy to recharge the batteries. [051].
Regarding claim 4, Rast discloses the device according to claim 1, wherein the computer program instructions, when executed, further cause the device to emit the audible sound in response to a change of the tilt angle (para 294-295, control unit 12 within a housing 24, generated audio is directed, Registering accelerations in three axis, tilt sensors, and other forms of sensors utilized for registering impacts, para 299-300, device emits organic human sound, such as moans, groans, and even screams, in response to the intensity of the impacts being registered, device is to generate in response to the event).
Regarding claim 5, Rast discloses the device according to claim 1, further comprising, in the enclosure, an accelerometer that is responsive to a magnitude of, a direction of, or a combination thereof, of a motion or an acceleration of the enclosure (para 38, impact intensity sensor, such as accelerometer, attached, claim 11, impact is registered as G-forces by an accelerometer, para 05, apparatus that generates audio in response to patterns of motion, and a strength training apparatus that generates tactile, visual, and audio feedback in response, para 233, controller receives input from a motion sensing means which is detected by a processor).
Regarding claim 6, Rast discloses the device according to claim 5, wherein the tilt sensor comprises, or is part of, the accelerometer that comprises a single-axis, a two-axis, or a three-axis accelerometer (para 38, impact intensity sensor, such as accelerometer, attached to "strike impact receiving member", para 289, One or more acceleration sensors are used to sense bag strike, para 295, method of sensing impacts is with the use of acceleration sensors, along at least one axis. Registering accelerations in three axis provides for the greatest accuracy, para 324, An acceleration sensor 104 is adapted for registering accelerations from device 104, preferably in more than one axis of acceleration, such as in three axes).
Regarding claim 7, Rast discloses the device according to claim 6, wherein the accelerometer utilizes a piezoelectric effect and comprises, consists of, uses, or is based on, piezoceramics or a single crystal or quartz (para 44, audio played out over an audio conversion means, such as audio transducer (i.e. piezoelectric, coil, etc.), para 181, Sensors utilizing piezoelectric material have been incorporated into tennis racquets to generate electricity in response to flexure, para 294, acoustic deflector 28 is shown mounted proximal to an audio transducer 30, such as piezoelectric transducer).
Regarding claim 8, Rast discloses the device according to claim 6, wherein the accelerometer comprises a piezoelectric accelerometer, a piezoresistive accelerometer, or a capacitive accelerometer (para 181, Sensors utilizing piezoelectric material to generate electricity in response to flexure, para 308, sensors incorporate piezoelectric materials which generate electrical signals in response to deflection, para 346, An impact power device 418, such as piezoelectric is shown which register impact force).
Regarding claim 9, Rast fails to discloses the device according to claim 6, wherein the accelerometer comprises a Micro-mechanical Electrical Systems (MEMS) accelerometer.
In analogous art, Bernstein discloses the device according to claim 6, wherein the accelerometer comprises a Micro-mechanical Electrical Systems (MEMS) accelerometer (FIG. 3 components of device, spherical ball, para 112, sensor array 612 devices employing micro-electro-mechanical (MEMS) technology).
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 data from these sensors requires filtering and processing to produce accurate state estimates as taught by Bernstein to use sensors also provide redundant information, so data from these sensors requires filtering and processing to produce accurate state estimates and state estimator process provides an adequate state estimation of the true state of device. [Bernstein, para 113].
Regarding claim 10, Rast discloses the device according to claim 6, wherein the computer program instructions, when executed, further cause the device to emit the audible sound in response to the magnitude of an acceleration of the enclosure (para 05, generates audio in response to patterns of motion, and generates tactile, visual, and audio feedback, para 31, The unit registers impact such as by registering G-force changes, registered impacts of device for generating audio feedback, and audio sounds are in the form of groans, grunts, cries, words, and so forth whose selection and voicing is executed in response to the intensity of the impacts).
Regarding claim 19, Rast fails to discloses the device according to claim 1, further structured or configured as a toy that is associated with a theme.
In analogous art, Bernstein discloses the device according to claim 1, further structured or configured as a toy that is associated with a theme (an electronic toy for amusement of a person (FIG. 3 components of device, spherical ball, para 182, computing device 750 enable the user in simulating a game in which a ball (such as a tennis ball) is struck against the wall, para 03, based on these shapes: as practical transportation and propulsion, and as toys and amusements).
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 Bernstein to enable direct or indirect viewing of the graphics in order that graphics, words or messages are displayed when the display device is moved at or above a rate of speed sufficient to be viewed by humans. [Bernstein, Abstract].
Regarding claim 20, Rast discloses the device according to claim 19, wherein the enclosure shape or structure is associated with the theme (para 78, " theme music" may be selected and activated, wherein music is played to accompany the sparring workout. (These may be loaded in the unit--such as MP3 download from unit manufacturer or other site. The relative volume of the music can be controlled and it can be used as background for the impact responsive audio).
Regarding claim 21, Rast discloses the device according to claim 19, wherein the emitted audible sound is associated with the theme (para 78, " theme music" where relative volume of the music can be controlled and it can be used as background for the impact responsive audio).
Regarding claim 25, Rast discloses the device according to claim 1, wherein the audible emitter is configured to emit a single tone or multiple tones (para 42, Audio feedback comprises tones, sound effects, speech, music, and combinations thereof, para 170, Audio controls--volume, tone, balance, and tonal pattern selection).
Regarding claim 35, Rast discloses the device according to claim 1, further comprising a wireless receiver for receiving first data carried over a wireless network (para 44, audio conversion means, such as audio transducer (i.e. piezoelectric, coil, etc.); external speakers; wireless communication to audio device (audio unit, speakers, wireless headphone/earbud), para 377, An network interface 92 is coupled to controller 52 allowing communication over a network 94 with user devices 96,).
Regarding claim 36, Rast discloses the device according to claim 35, wherein the computer program instructions, when executed, further cause the device to emit the audible sound by the audible emitter in response to the received first data (para 299, device emits human sound, such as moans, groans, and even screams, in response to the intensity of the impacts being registered. The device also can generate voiced audio, such as verbal banter, or abuse, from the sparring partner device).
Regarding claim 37, Rast fails to discloses the device according to claim 35, wherein the wireless network comprises a Wireless Personal Area Network (WPAN).
In analogous art, Bernstein discloses the device according to claim 35, wherein the wireless network comprises a Wireless Personal Area Network (WPAN) (para 79, inks 222, 230, 234, and 239 can employ a variety of network technologies, including the Internet, World wide Web, wireless links, wireless radio-frequency communications utilizing network protocol, optical links, or any available network communication technology, para 75, devices 220, 228 communicate with using a Network such as the Internet, or a local wireless Network (e.g., a home Network)).
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 Bernstein to employ a variety of network technologies, including the Internet, World Wide Web, wireless links, wireless radio-frequency communications utilizing network protocol, optical links, or any available network communication technology. [Bernstein, para 79].
Regarding claim 38, Rast fails to discloses the device according to claim 37, wherein the WPAN uses Bluetooth protocol that is according to, or based on, IEEE 802.15.1 standard.
In analogous art, Bernstein discloses the device according to claim 37, wherein the WPAN uses Bluetooth protocol that is according to, or based on, IEEE 802.15.1 standard (para 79, inks 222, 230, 234, and 239 can employ a variety of network technologies, including the Internet, World wide Web, wireless links, wireless radio-frequency communications utilizing network protocol, optical links, or any available network communication technology, para 81, various radio frequency data communication systems including for example those known as WI-FI, IEEE 802.11a, IEEE 802.11b, IEEE 802.11g or 802.11n.).
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 Bernstein to enable direct or indirect communication via wireless communication medium may also be employed, such as wireless USB, Wi-Fi, or proprietary wireless communications. [Bernstein, para 80].
Regarding claim 39, Rast fails to discloses the device according to claim 35, wherein the wireless network comprises a Wireless Local Area Network (WLAN).
In analogous art, Bernstein discloses the device according to claim 35, wherein the wireless network comprises a Wireless Local Area Network (WLAN) (para 79, inks 222, 230, 234, and 239 can employ a variety of network technologies, including the Internet, World wide Web, wireless links, wireless radio-frequency communications utilizing network protocol, optical links, or any available network communication technology, para 75, devices 220, 228 communicate with using a Network such as the Internet, or a local wireless Network (e.g., a home Network)).
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 Bernstein to employ a variety of network technologies, including the Internet, World Wide Web, wireless radio-frequency communications utilizing network protocol, optical links, or any available network communication technology. [Bernstein, para 79].
Regarding claim 40, Rast fails to discloses the device according to claim 39, wherein the WLAN uses a protocol according to, or based on, IEEE 802.11 standard.
In analogous art, Bernstein discloses the device according to claim 39, wherein the WLAN uses a protocol according to, or based on, IEEE 802.11 standard (para 79, inks 222, 230, 234, and 239 employ variety of network technologies, including Internet, World wide Web, wireless links, wireless radio-frequency communications utilizing network protocol, optical links, or any available network communication technology, para 81, various radio frequency data communication systems including for example those known as WI-FI, IEEE 802.11a, IEEE 802.11b, IEEE 802.11g or 802.11n.).
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 Bernstein to enable direct or indirect communication via wireless communication medium may also be employed, such as wireless USB, Wi-Fi, or proprietary wireless communications. [Bernstein, para 80].
Regarding claim 41, Rast discloses the device according to claim 35, for use with a portable electronic device, wherein the first data is received from the portable electronic device (para 150, audible feedback of a sports use small portable electronic device which mounts near the hands of an athlete or more preferably to the associated sports equipment, such as a golf club, tennis racket, baseball bat, and so forth).
Regarding claim 42, Rast discloses the device according to claim 41, 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 305-306, present invention to use a PDA, computer, laptop computer, or other device configured with a receiver, receiver unit comprise a small receiver with controls that connected to sound system for audio output, or to computerized device, PC, laptop, PDA, and so forth).
Regarding claim 50, Rast discloses the device according to claim 1, for use with a threshold, wherein the computer program instructions, when executed, further cause the device to emit the audible sound by the audible emitter in response to the tilt angle sensed by the tilt sensor compared to the threshold (para 294-295, control unit 12 within a housing 24, generated audio, Registering accelerations in three axis, tilt sensors, and other forms of sensors utilized for registering impacts, para 299-300, device emits organic human sound, such as moans, groans, and even screams, in response to intensity of impacts being registered, device generate in response to event, para 35, One or more thresholds selected that is responsive to accumulated damage).
Bernstein also discloses tilt angle of the device (para 214, FIG. 14B and FIG. 14C device which the user can steer the self-propelled device through, for example, tilting or movement of the controller computing device 1430),
Response to Arguments
7. Applicant's arguments filed September 08, 2026 have been fully considered but they are not persuasive.
On page 8, lines 4-8, regarding election/restriction, applicant disagree and traverses both restriction and selected claims.
The examiner respectfully disagrees and points out that the Species I-VII are independent or distinct because species comprise different charging elements, LED, annunciator, speaker, AC/DC Convertor or display or light emitter, loudspeaker, visual indicator, annunciator, timer, receiving coil, converter or other elements in the device that are mutually exclusive to each other. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or
a single grouping of patentably indistinct species, for prosecution on the merits to which
the claims shall be restricted if no generic claim is finally held to be allowable.
There is a search and/or examination burden for the patentably distinct species
as set forth above because at least the following reason(s) apply:
The species require a different field of search (e.g., searching for different CPC
groups, classes/subclasses or electronic resources or non-patent language, or
deploying different search queries); and/or the prior art applicable to one species would not likely be applicable to another species; and/or the species are likely to raise different non-prior art issues under U.S.C. 101 and/or 35 U.S.C. 112, first paragraph.
On page 8, lines 8-13, applicants argued that Bernstein is not prior arts.
The examiner respectfully disagrees and points out that Bernstein (US 20120168241 A1) claim Priority for US-provisional-application US 61430023 filed on 2011/01/05 and US 61430083 2011/01/05 and US-provisional-application US 61553923 filed on 2011/10/31.
Bernstein (US 20120168241 A1) discloses DEVICE FOR INTERPRETING INPUT FROM A CONTROLLER DEVICE and Fig. 1, 3, 4A-4C, and Fig. 5-Fig. 16B claims same inventive concepts as US-provisional-application US 61430023 filed on 2011/01/05 which is for method and system for controlling a robot device and teaches controlling device 210 as in Fig. 2, includes gyroscope 227, movement control device 230, magnetometer 223, wireless comm. System 215, and as in Fig. 3, determine orientation 340, ball includes spherical shell and device includes one or more accelerometers to determine pitch and roll and controller 235 provides stability to the movement control device 230 and as in Fig. 3, determining orientations and tilt in the environments and directional control determined from tilt and pitch and roll information determined from accelerometer or gyroscope or combinations data. Robotic ball 700 includes outer shell of 710 and inner shell 720. Device includes battery source 790 as in Fig. 7 (robotic ball 700) to supply power to components, controller 730, driving unit 705 and other internal components ([Fig. 2-7, [016-018], [032], [036-038], [043-047], [049], [055], [068-070], [075], [079], [081-082], [089- 090], [096]), and
US-provisional-application US 61430083 filed on 2011/01/05 which is for method and system for controlling a robot device, teaches device is a spherical ball capable of movement in any direction along a surface, as driven by internal driving mechanisms controlled by the firmware or hardware and controller in response to the control signal that affects, changes, or controls the state of the output and control the affected state and as in FIG. 3 is a block diagram illustrating the components of a remote device 300 that is in the form of a robotic, spherical ball, and ball 300 includes an outer spherical shell 310 that is configured for rolling across a surface. In addition, the robotic ball 300 also includes an inner surface 320 of the outer spherical shell 310, robotic ball 300 includes an inner surface 320 of an inner layer 325 adjacent to the outer shell 310 and ball 300 is driven internally from within the outer shell 310. The movement controller 330 includes, in part, a processor 330 and a wireless communication system that provides communication with the control device. Other internal components suitable for driving the robotic ball, and as controlled by the internal movement controller 330 include a battery source 390 (Fig.1-6) and disclosed in specifications para [06], [018], [024-025], [027-028], [033-035], [037-041], [052-054], [056], [063-064]), and
US-provisional-application US 61553923 filed on 2011/10/31 which is for self-propelled device and system for controlling same, and teaches self-propelled device 100 is configured with resources that enable to maintain self-awareness of orientation and/or position relative, process control input programmatically to enable program-specific responses to different control inputs; and enable device to control its movement using software or programming logic that is communicative with programming logic on the self-propelled device and generate an output response for its movement and state that is software interpretable by the control device and Sensors 112 provide information about the surrounding environment and condition to processor 114. Sensors 112 include inertial measurement devices, including a 3-axis gyroscope, a 3-axis accelerometer, and a 3-axis magnetometer and sensors 114 provide input to enable processor 114 to maintain awareness of the device’s orientation or position and sensor input 711 for controlling speed, direction or other movement of the self-propelled devices drive assembly. The sensor input 711 may correspond to data such as provided from the accelerometer(s), manometer(s) or gyroscope(s) of the self-propelled device 710. The sensor data include other information obtained on a device regarding the devices movement, position, state or operating conditions and device 800 comprises multiple hardware modules, including wireless communication 802, memory 804, sensors 806, displays 808, actuators 810 and an expansion port 812 (see (Fig.1-16B) and disclosed in specifications para [001], [010-011], [028-030], [048-049], [054-055], [071-072], [075-078], [091-092], [0112-0115], [0118-0120], [0131-0132] and [0140]).
Examiner point out that According to 35 USC 102:
35 U.S. Code § 102 - Conditions for patentability; novelty
(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Provisional Application are not published application and Applicant failed to provide MPEP where citing passages ONLY from Provisional Application.
Thus Bernstein (US 20120168241 A1) is considered as Prior Arts.
Additionally Rejection with Bernstein (Provisional Application US 61430023 filed on 2011/01/05) wherein Bernstein (US 61430023) discloses device produces output signal responsive to a tilt angle of the device (Fig. 2, device 210, gyroscope 227, movement control device, 230, para 045-046, accelerometers or gyroscope to determine pitch and roll, yaw and tilt processor produce output in response to orientation provided by tilt od control, para 050, system aligner 220 directional command move direction of movement by directional command) and Fig. 7, robotic ball 700, internal movement controller 730, para 083-082, 088, processor 730 execute command to effect movement pf robot ball 700, tilting forward will give tilt direction 0 degree to 90 and to 270 degree designated by orientation within reference system, magnitude of tilt vector determines the tilt direction and robot will move in the tile direction based on output command).
On page 8, lines 16-21, and page 9, lines 1-14, and page 14, line 1-9, and page 19, line 9-17, and page 22, line 6-30, the applicant argues that improper or unclear combination of the Rast (US 20030216228 A1) and Bernstein (US 20120168241 A1) and references(s)- are Non-Analogous Art.
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 a device may be used as a toy for amusement and shaped like a play ball or as a handheld unit. The device may be powered from a battery, which may be charged from an AC power directly or contactless by using induction or by converting electrical energy from harvested kinetic energy. The embedded logic may activate or control the signaling means, predictably or randomly, in response to the sensed acceleration magnitude or direction, such as sensing the crossing a preset threshold or sensing the peak value.
Therefore, 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 device, the method comprising: (a) receiving input corresponding to a set of actions performed by a user on a mobile computing device; (b) interpreting, on the self-propelled device, the input as a command that specifies one or more parameters for movement; and (c) moving the device in accordance with the one or more parameters. [030, claim 1) Bernstein (US 20120168241 A1)) are pertinent to the claimed invention and thus deemed analogous to the claimed invention.
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 a motion sensing and an annunciator responding to the sensed motion, and more particularly, to a toy or any other amusing device including a motion sensor and an annunciator. Therefore, a device with motion sensing and including hand motion sensing device and providing control commands are pertinent to the claimed invention and thus deemed analogous to the claimed invention.
On page 9, lines 22-28, and page 14, line 13-16, and page 19, lines 22-26, and page 23, lines 4-7, the applicant argues that improper rational or improper picking and choosing for combining or no motivation for combining the Rast (US 20030216228 A1) and Bernstein (US 20120168241 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 Bernstein (US 20120168241 A1) 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 device, the method comprising: (a) receiving input corresponding to a set of actions performed by a user on a mobile computing device; (b) interpreting, on the self-propelled device, the input as a command that specifies one or more parameters for movement; and (c) moving the device in accordance with the one or more parameters. [030, claim 1) Bernstein (US 20120168241 A1)) which is same as Applicant’s invention as to a device including a visual or audible signaling means and a motion sensor, and logic for activating or controlling the signaling means in response to a sensed motion according to an embedded logic and device may be used as a toy for amusement, and may be shaped like a play ball or as a handheld unit. The device may be powered from a battery, which may be charged from an AC power directly or contactless by using induction or by converting electrical energy from harvested kinetic energy (Applicant’s Abstract).
Motivation to combine the teaching of Rast (US 20030216228 A1) and Bernstein (US 20120168241 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 device including a visual or audible signaling means and a motion sensor, and logic for activating or controlling the signaling means in response to a sensed motion according to an embedded logic but how to incorporate battery, which may be charged from an AC power directly or contactless by using induction or by converting electrical energy from harvested kinetic energy and the embedded logic activate or control the signaling means, predictably or randomly, in response to the sensed acceleration magnitude or direction, such as sensing the crossing a preset threshold or sensing the peak value.
Therefore, Motivation to combine the teaching of Rast (US 20030216228 A1) and Bernstein (US 20120168241 A1) are pertinent to the claimed invention and thus is sufficient to establish obviousness to the claimed invention.
On page 10, line 20, the applicant argues that no teaching of a tilt sensor that produces an output responsive to a tilt angle of the device.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches method of sensing impacts is with the use of acceleration sensors, along at least one axis, registering accelerations in three axis provides in registering impact forces and tilt sensors, and other forms of sensors utilized for registering impacts [295], and
Bernstein (US 20120168241 A1) teaches as in FIG. 14B and FIG. 14C device which the user can steer the self-propelled device through, for example, tilting or movement of the controller computing device 1430 [0214] and, device performs one or more actions that are responsive to the user action or actions dictated by the program that is executing on the device [0181].
On page 10, lines 26-27, and page 11, lines 23-24, the applicant argues that no teaching of a rechargeable battery for powering device and no teaching of a battery charger for contactless charging the rechargeable battery.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches unit powered from a battery, or similar portable power source, para 174, device powered from (1) primary batteries, (2) sealed rechargeable cells, (3) inductive charging (i.e. contactless charging) [0143] and, 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, Fig. 18, device 500 [0340].
On page 15, line 7-8, the applicant argues that no teaching of contactless charging comprises inductive charging as in claim 2.
The examiner respectfully disagrees and points out that Rast (US 20030216228 A1) teaches unit powered from a battery, or similar portable power source, para 174, device powered from (1) primary batteries, (2) sealed rechargeable cells, (3) inductive charging (i.e. contactless charging) [0143].
On page 15, line 20-22, the applicant argues that no teaching of battery charger comprises an induction coil for receiving power in an electromagnetic field as in claim 3.
The examiner respectfully disagrees and points out that Rast (US 20030216228 A1) teaches device powered by a method selected from the following (1) primary batteries, (2) sealed rechargeable cells, (3) inductive charging (of battery or capacitor) [0174] and, para 340, The unit is preferably operated from a single battery, such as a coin cell, or AAA battery, although any power source (i.e. AC power) may be utilized such as capacitive power, solar power, fuel cell power, and the like[0340].
Bernstein also Inductive charge port 128 allows for recharging power 124 without a wired electrical connection, inductive charge port 128 accepts magnetic energy and converts it to electrical energy to recharge the batteries. [051].
On page 17, lines 1-3, the applicant argues that no teaching of claim 2.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches control unit 12 within a housing 24, generated audio is directed, Registering accelerations in three axis, tilt sensors, and other forms of sensors utilized for registering impacts [294-295] and, device emits organic human sound, such as moans, groans, and even screams, in response to the intensity of the impacts being registered, device is to generate in response to the event [299-300].
On page 17, lines 24-37, the applicant argues that no teaching of claim 5.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches impact intensity sensor, such as accelerometer, attached [038] and, impact is registered as G-forces by an accelerometer [claim 11] and, apparatus that generates audio in response to patterns of motion, and a strength training apparatus that generates tactile, visual, and audio feedback in response [05].
On page 18, lines 9-12, the applicant argues that no teaching of claim 7.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches audio played out over an audio conversion means, such as audio transducer (i.e. piezoelectric, coil, etc.) [044] and, Sensors utilizing piezoelectric material have been incorporated into tennis racquets to generate electricity in response to flexure [0181] and, acoustic deflector 28 is shown mounted proximal to an audio transducer 30, such as piezoelectric transducer [294].
On page 19, line 6-8, the applicant argues that no teaching of claim 19.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches a ball that transmit information such as impact acceleration, time of flight, rolling status, rolling pressure, location, and so forth [0175], and
Bernstein teaches as in FIG. 3 components of device, spherical ball, and device 750 enable the user in simulating a game in which a ball (such as a tennis ball) is struck against the wall [0182] and, based on these shapes: as practical transportation and propulsion, and as toys and amusements [03].
On page 20, line 10-11, the applicant argues that no teaching of claim 20.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches theme music" may be selected and activated, wherein music is played to accompany the workout. (These may be loaded in the unit--such as MP3 download from unit manufacturer or other site. The relative volume of the music can be controlled and it can be used as background for the impact responsive audio [078].
On page 20, line 24-26, the applicant argues that no teaching of claim 35.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches wireless communication to audio device (audio unit, speakers, wireless headphone/earbud) [044] and, network interface 92 is coupled to controller 52 allowing communication over a network 94 with user devices 96 [037], and
Bernstein teaches communication inks 222, 230, 234, and 239 can employ a variety of network technologies, including the Internet, World wide Web, wireless links, wireless radio-frequency communications utilizing network protocol, optical links, or any available network communication technology [079].
On page 21, line 15-18, the applicant argues that no teaching of claim 36.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches devices emit human sound, such as moans, groans, and even screams, in response to the intensity of the impacts being registered. The device also can generate voiced audio, such as verbal banter, or abuse, from the sparring partner device [0299].
On page 22, line 1-5, the applicant argues that no teaching of claims 37-38.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches wireless communication to audio device (audio unit, speakers, wireless headphone/earbud) [044] and, network interface 92 is coupled to controller 52 allowing communication over a network 94 with user devices 96 [037], and
Bernstein teaches communication inks 222, 230, 234, and 239 can employ a variety of network technologies, including the Internet, World wide Web, wireless links, wireless radio-frequency communications utilizing network protocol, optical links, or any available network communication technology [079] and various radio frequency data communication systems including for example those known as WI-FI, IEEE 802.11a, IEEE 802.11b, IEEE 802.11g or 802.11n [081].
On page 24, line 10-14, the applicant argues that there is no teaching of claim 50.
The examiner respectfully disagrees and points out that the Rast (US 20030216228 A1) teaches control unit 12 within a housing 24, generated audio, Registering accelerations in three axis, tilt sensors, and other forms of sensors utilized for registering impacts [294-295] and, device emits organic human sound, such as moans, groans, and even screams, in response to intensity of impacts being registered, device generate in response to event [0299-300] and, one or more thresholds selected that is responsive to accumulated damage [035], and
Bernstein teaches as in FIG. 14B and FIG. 14C device which the user can steer the self-propelled device through, for example, tilting or movement of the controller computing device 1430 [0214].
Thus, Rast (US 20030216228 A1) and Bernstein (US 20120168241 A1) 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 be reached on Monday-Thursday 7:30AM-6:00PM (EST).
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
