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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/765,534
`
`08/03/2015
`
`YOSHITAKA HIRABAYASHI
`
`PIPMB—55222
`
`9032
`
`“”17”“ —PEARNE&GORDON LLP m
`7590
`52054
`1801 EAST 9TH STREET
`SURYAWANSHL SURESH
`S UITE 1 200
`CLEVELAND, OH 441 14-3 108
`
`PAPER NUMBER
`
`ART UNIT
`2118
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/17/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patdocket @ pearne.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/765,534 HIRABAYASHI, YOSHITAKA
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2118SURESH SURYAWANSHI first“
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 8/3/15.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`2a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
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`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) I] Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date 8/3/15 9/28/16.
`4) D Other: —-
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20161012
`
`Disposition of Claims*
`5)|XI Claim(s) fins/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s E is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atents/init events"
`h/index.‘s
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`, or send an inquiry to PF"I1feedback©usgto.qov.
`
`Application Papers
`
`10)IXI The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 8/3_/15is/are: a)IXI accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attach ment(s)
`
`
`
`

`

`Application/Control Number: 14/765,534
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`Page 2
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`Art Unit: 2118
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`1.
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`The present application is being examined under the pre—AIA first to invent provisions.
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`DETAILED ACTION
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`2.
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`Claims 1—23 are presented for examination.
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`Specification
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`3.
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`The title of the invention is not descriptive. A new title is required that is clearly
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`indicative of the invention to which the claims are directed.
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`Claim Rejections - 35 USC § 102
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`4.
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`In the event the determination of the status of the application as subject to AIA 35 USC.
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`102 and 103 (or as subject to pre—AIA 35 USC. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`5.
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`The following is a quotation of the appropriate paragraphs of pre—AIA 35 USC. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless ,
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`(e) the invention was described in (1) an application for patent, published under section 122(b), by
`another filed in the United States before the invention by the applicant for patent or (2) a patent granted
`on an application for patent by another filed in the United States before the invention by the applicant
`for patent, except that an international application filed under the treaty defined in section 351(a) shall
`have the effects for purposes of this subsection of an application filed in the United States only if the
`international application designated the United States and was published under Article 21(2) of such
`treaty in the English language.
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`

`

`Application/Control Number: 14/765,534
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`Page 3
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`Art Unit: 2118
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`6.
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`Claims 1—23 are rejected under pre—AIA 35 U.S.C. 102(e) as being anticipated by Hattori
`
`et al (US Pub. 2015/0033858; hereinafter Hattori).
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`7.
`
`As per claim 1, Hattori discloses an electronic device to be carried by a user, comprising:
`
`a first inertial force sensor configured to convert a first inertial force into an electric
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`signal which is output as a first inertial force signal [Fig. 1; paragraphs 0004, 0028; a first sensor
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`element converts a first inertial force to an electric signal];
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`a second inertial force sensor configured to convert a second inertial force different from
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`the first inertial force into an electric signal which is output as a second inertial force signal [Fig
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`1; paragraphs 0004, 0028; a second sensor element converts a second inertial force to an electric
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`signal];
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`an action—mode determiner configured to determine an action mode of the user based on
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`at least one of the first inertial force signal and the second inertial force signal [Fig. 1; paragraphs
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`0004, 0028-0031, 0034-0035; 0042; 0076; 0085-0086, 0098; claim 1; a power controller acts as
`
`an action—mode determiner]; and
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`a controller configured to reduce power to be supplied to the first inertial force sensor
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`when the action—mode determiner determines, based on the first inertial force signal or on both of
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`the first inertial force signal and the second inertial force signal, that the user starts a first action
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`

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`Application/Control Number: 14/765,534
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`Page 4
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`Art Unit: 2118
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`[Fig. 1; paragraphs 0004, 0028—0031, 0034—0035; 0042; 0076; 0085—0086, 0098; claim 1; clearly
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`the power controller reduces power based on the first inertial force value or on both of the first
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`inertial force value and the second inertial force value].
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`8.
`
`As per claim 11, Hattori discloses an electronic device to be carried by a user comprising:
`
`a first inertial force sensor configured to convert a first inertial force into an electric
`
`signal which is output as a first inertial force signal [Fig 1; paragraphs 0004, 0028; a first sensor
`
`element converts a first inertial force to an electric signal];
`
`a second inertial force sensor configured to convert a second inertial force different from
`
`the first inertial force into an electric signal which is output as a second inertial force signal [Fig
`
`1; paragraphs 0004, 0028; a second sensor element converts a second inertial force to an electric
`
`signal];
`
`an action—mode determiner configured to determine an action mode of the user based on
`
`at least any one of the first inertial force signal and the second inertial force signal [Fig. 1;
`
`paragraphs 0004, 0028—0031, 0034—0035; 0042; 0076; 0085—0086, 0098; claim 1; a power
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`controller acts as an action—mode determiner]; and
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`

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`Application/Control Number: 14/765,534
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`Page 5
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`Art Unit: 21 18
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`a controller configured to increase power to be supplied to the first inertial force sensor
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`when the action—mode determiner determines, based on the second inertial force signal, that the
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`user stops a first action [Fig 1; paragraphs 0004, 0028-003l, 0034-0035; 0042; 0076; 0085—
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`0086, 0098; claim 1; clearly the power controller reduces power based on the first inertial force
`
`value or on both of the first inertial force value and the second inertial force value].
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`9.
`
`As per claim 14, Hattori discloses an electronic device comprising:
`
`a first inertial force sensor configured to convert a first inertial force into an electric
`
`signal which is output as a first inertial force signal [Fig 1; paragraphs 0004, 0028; a first sensor
`
`element converts a first inertial force to an electric signal];
`
`a second inertial force sensor configured to convert a second inertial force different from
`
`the first inertial force into an electric signal which is output as a second inertial force signal [Fig
`
`1; paragraphs 0004, 0028; a second sensor element converts a second inertial force to an electric
`
`signal]; and
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`a controller connected to the first inertial force sensor and the second inertial force sensor
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`and configured to reduce power supplied to the first inertial force sensor when the first inertial
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`force signal changes periodically or both the first inertial force signal and the second inertial
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`force signal change periodically [Fig. 1; paragraphs 0004, 0028-003l, 0034-0035; 0042; 0076;
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`

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`Application/Control Number: 14/765,534
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`Page 6
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`Art Unit: 2118
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`0085-0086, 0098; claim 1; clearly the power controller reduces power based on the first inertial
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`force value or on both of the first inertial force value and the second inertial force value].
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`10.
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`As per claim 21, Hattori discloses an electronic device comprising:
`
`a first inertial force sensor configured to convert a first inertial force into an electric
`
`signal which is output as a first inertial force signal [Fig 1; paragraphs 0004, 0028; a first sensor
`
`element converts a first inertial force to an electric signal];
`
`a second inertial force sensor configured to convert a second inertial force different from
`
`the first inertial force into an electric signal which is output as a second inertial force signal [Fig
`
`1; paragraphs 0004, 0028; a second sensor element converts a second inertial force to an electric
`
`signal]; and
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`a controller connected to the first inertial force sensor and the second inertial force sensor
`
`and configured to increase power to be supplied to the first inertial force sensor when the second
`
`inertial force signal changes in non—cyclic manner [Fig 1; paragraphs 0004, 0028—0031, 0034—
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`0035; 0042; 0076; 0085—0086, 0098; claim 1; clearly the power controller reduces power based
`
`on the first inertial force value or on both of the first inertial force value and the second inertial
`
`force value].
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`

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`Application/Control Number: 14/765,534
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`Page 7
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`Art Unit: 2118
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`ll.
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`As per claim 2, Hattori discloses wherein the action—mode determiner is configured to
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`determine that the user starts the first action when output of the first inertial signal exceeds a first
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`threshold [paragraph 0037; upper threshold, lower threshold].
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`12.
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`As per claim 3, Hattori discloses wherein the action—mode determiner is configured to
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`determine that the user starts the first action when the first inertial force signal in a first cycle
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`agrees, in waveform, with the first inertial force signal in a second cycle [Fig 1; paragraphs
`
`0004, 0028—0031, 0034—0035; 0042; 0046; 0076; 0085—0086, 0098].
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`13.
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`As per claim 4, Hattori discloses wherein the action—mode determiner is configured to
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`determine that the user starts the first action when a period where the first inertial force signal
`
`generates a waveform agrees with a period where the second inertial force signal generates a
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`waveform [Fig 1; paragraphs 0004, 0028—0031, 0034—0035; 0042; 0046; 0076; 0085-0086,
`
`0098].
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`14.
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`As per claim 5, Hattori discloses wherein the action—mode determiner is configured to
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`determine that the user starts the first action when a waveform cycle of the first inertial force
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`signal in a first period agrees with that of the first inertial force signal in a second period [Fig. 1;
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`paragraphs 0004, 0028—0031, 0034—0035; 0042; 0046; 0076; 0085—0086, 0098].
`
`

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`Application/Control Number: 14/765,534
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`Page 8
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`Art Unit: 2118
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`15.
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`As per claim 6, Hattori disclose further comprising: a memory connected to the action—
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`mode determiner and storing a first waveform, wherein the action—mode determiner is configured
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`to determine that the user starts the first action when a waveform of the first inertial force signal
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`agrees with the first waveform [paragraph 0060; a memory].
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`16.
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`As per claim 7, Hattori discloses further comprising: a memory connected to the action—
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`mode determiner and storing a first waveform and a second waveform, wherein the action—mode
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`determiner is configured to determine that the user starts the first action when the first inertial
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`force signal has a waveform that agrees with the first waveform and the second inertial force
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`signal has a waveform that agrees with the second waveform [paragraph 0060; a memory].
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`17.
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`As per claim 8, Hattori discloses further comprising: a second action—mode determiner
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`configured to determine an action mode of the user based on the second inertial force signal,
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`wherein the controller increases the power to be supplied to the first inertial force sensor when
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`the second action—mode determiner determines that the user stops the first action [Fig 1;
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`paragraphs 0004, 0028—0031, 0034—0035; 0042; 0046; 0076; 0085—0086, 0098].
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`18.
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`As per claim 9, Hattori discloses wherein the controller increases the power to be
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`supplied to the first inertial force sensor when the action—mode determiner determines, based on
`
`the second inertial force signal, that the user stops the first action [Fig. 1; paragraphs 0004, 0028—
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`0031, 0034—0035; 0042; 0046; 0076; 0085—0086, 0098].
`
`

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`Application/Control Number: 14/765,534
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`Page 9
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`Art Unit: 2118
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`19.
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`As per claim 10, Hattori discloses wherein the first action is a walk [Fig. 1; paragraphs
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`0004, 0028—0031, 0034—0035; 0042; 0046; 0076; 0085—0086, 0098; user moves].
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`20.
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`As per claim 12, Hattori discloses wherein the action—mode determiner is configured to
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`determine that the user stops the first action when a waveform of the second inertial force signal
`
`in a first cycle is different from that of the second inertial force signal in a second cycle [Fig 1;
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`paragraphs 0004, 0028—0031, 0034—0035; 0042; 0046; 0076; 0085—0086, 0098].
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`21.
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`As per claim 13, Hattori discloses wherein the action—mode determiner is configured to
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`determine that the user stops the first action when a waveform cycle of the second inertial force
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`signal in a first period is different from that of the second inertial force signal in a second period
`
`[Fig. 1; paragraphs 0004, 0028-0031, 0034-0035; 0042; 0046; 0076; 0085-0086, 0098].
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`22.
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`As per claim 15, Hattori discloses wherein the controller is configured to reduce the
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`power supplied to the first inertial force sensor when a waveform of the first inertial force signal
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`in a first cycle agrees with that of the first inertial force signal in a second cycle [Fig. 1;
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`paragraphs 0004, 0028—0031, 0034—0035; 0042; 0046; 0076; 0085—0086, 0098].
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`

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`Application/Control Number: 14/765,534
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`Page 10
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`Art Unit: 2118
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`23.
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`As per claim 16, Hattori discloses wherein the controller is configured to reduce the
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`power to be supplied to the first inertial force sensor when a period where a period where the
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`first inertial force signal generates a waveform agrees with a period where the second inertial
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`force signal generated a waveform [Fig 1; paragraphs 0004, 0028—0031, 0034-0035; 0042; 0046;
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`0076; 0085—0086, 0098].
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`24.
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`As per claim 17, Hattori discloses wherein the controller is configured to reduce the
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`power supplied to the first inertial force sensor when a waveform cycle of the first inertial force
`
`signal in a first period agrees with that of the first inertial force signal in a second period [Fig 1;
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`paragraphs 0004, 0028—0031, 0034—0035; 0042; 0046; 0076; 0085—0086, 0098].
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`25.
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`As per claim 18, Hattori discloses further comprising: a memory connected to the
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`controller and storing a first waveform, wherein the controller is configured to reduces the power
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`to be supplied to the first inertial force sensor when a waveform of the first inertial force signal
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`agrees with the first waveform [paragraph 0060; a memory].
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`26.
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`As per claim 19, Hattori discloses further comprising: a memory connected to the
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`controller and storing a first waveform and a second waveform, wherein the controller is
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`configured to reduce the power to be supplied to the first inertial force sensor when a waveform
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`of the first inertial force signal agrees with the first waveform and a waveform of the second
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`inertial force signal agrees with the second waveform [paragraph 0060; a memory].
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`

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`Application/Control Number: 14/765,534
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`Page ll
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`Art Unit: 2118
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`27.
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`As per claim 20, Hattori discloses wherein the controller is configured to increase the
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`power to be supplied to the first inertial force sensor when the second inertial force signal
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`changes in non—cyclic manner [Fig 1; paragraphs 0004, 0028—0031, 0034-0035; 0042; 0046;
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`0076; 0085—0086, 0098].
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`28.
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`As per claim 22, Hattori discloses wherein the controller is configured to increase the
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`power to be supplied to the first inertial force sensor when a waveform of the second inertial
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`force signal in a first cycle is different from that of the second inertial force signal in a second
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`cycle [Fig 1; paragraphs 0004, 0028-0031, 0034-0035; 0042; 0046; 0076; 0085-0086, 0098].
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`29.
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`As per claim 23, Hattori discloses wherein the controller is configured to increase the
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`power to be supplied to the first inertial force sensor when the second inertial force signal in a
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`first period has a different cycle from that of the second inertial force signal in a second period
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`[Fig 1; paragraphs 0004, 0028-0031, 0034-0035; 0042; 0046; 0076; 0085-0086, 0098].
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`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to SURESH SURYAWANSHI whose telephone number is
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`(571)272—3668. The examiner can normally be reached on 9:00am — 5:30pm.
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`

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`Application/Control Number: 14/765,534
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`Page 12
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`Art Unit: 2118
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, J aweed Abbaszadeh can be reached on 571—270—1640. The fax phone number for the
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`organization Where this application or proceeding is assigned is 571—273—8300.
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`
`/SURESH SURYAWANSHI/
`
`Primary Examiner, Art Unit 2118
`
`