Office Action 1: Non-Final Rejection (2024-04-10)
Rejection types: Double Patenting

CLAIMS:
CLAIMS

What is claimed is:

1\. An assistive device, comprising:a haptic feedback interface that comprises a plurality of haptic elements; and
a haptic feedback controller configured to:
generate a touch-discernible output layout on the haptic feedback interface using the plurality of haptic elements, wherein the touch-discernible output layout corresponds to a reproduction of a three-dimensional (3D) real-world area within a proximity range of the assistive device;
generate a set of different haptic indicators that are spatially arranged on the haptic feedback interface to discern a set of moving objects of the 3D real-world area within the proximity range, wherein the touch-discernible output layout includes the set of different haptic indicators;
receive a user input via the haptic feedback interface; and
track a movement of a target moving object in the 3D real-world area based on the received user input.

2\. The assistive device according to claim 1, wherein the haptic feedback controller is further configured to:determine if the target moving object has moved from a first proximity range to a second proximity range; and
calibrate at least one sensor to receive sensor data in accordance with the second proximity range.

3\. The assistive device according to claim 1, wherein the user input comprises an amount of pressure applied on the set of different haptic indicators by a user of the assistive device,and wherein the haptic feedback controller is further configured to:
execute a first action based on a first amount of applied pressure; and
execute a second action based on a second amount of applied pressure different from the first amount of applied pressure.

4\. The assistive device according to claim 3, wherein the first action is executed based on the first amount of applied pressure greater than a first threshold pressure value, and wherein the second action is executed based on the second amount of applied pressure greater than a second threshold pressure value.

5\. The assistive device according to claim 3, wherein the at least one of the first action or the second action corresponds to a prompt to require additional information about the target moving object.

6\. The assistive device according to claim 5, wherein the additional information comprises at least one of a current location of the target moving object or a distance between the user and the target moving object.

7\. The assistive device according to claim 1, wherein, based on the tracked movement of the target moving object, the haptic feedback controller is further configured to output at least one of an audio feedback by one or more audio output devices provided in the assistive device or one or more haptic mobility signals with the touch-discernible output layout to provide navigational assistance from a current position of the user of the assistive device towards the target moving object.

8\. The assistive device according to claim 1, wherein the haptic feedback controller is further configured to differently control a rate-of-change of movement of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real-world from the user of the assistive device.

9\. The assistive device according to claim 8, further comprising a circuitry configured to determine a spatial scaling factor for each of the set of moving objects present in the 3D real- world based on the distance of each of the set of moving objects from the user of the assistive device, wherein the rate-of-change of movement of each of the set of different haptic indicators is controlled in accordance with the spatial scaling factor determined for a corresponding moving object of the set of moving objects.

10\. The assistive device according to claim 1, wherein the haptic feedback controller is further configured to differently control a size of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real-world from the user.

11\. The assistive device according to claim 1, wherein the set of different haptic indicators are generated by a touch-discernible modality that includes at least one of a differential temperature-based modality, a differential electric pulse-based modality, a differential raised shape pattern-based modality, or a combination of different touch-discernible modalities.

12\. An assistive method, comprising:in an assistive device that comprises a haptic feedback controller and a haptic feedback interface that includes a plurality of haptic elements:
generating a touch-discernible output layout on the haptic feedback interface using the plurality of haptic elements, wherein the touch-discernible output layout corresponds to a reproduction of a three-dimensional (3D) real-world area within a proximity range of the assistive device;
generating a set of different haptic indicators that are spatially arranged on the haptic feedback interface to discern a set of moving objects of the 3D real-world area within the proximity range, wherein the touch-discernible output layout includes the set of different haptic indicators;
receiving a user input via the haptic feedback interface; and
tracking a movement of a target moving object in the 3D real-world area based on the received user input.

13\. The assistive method according to claim 12, further comprising:determining if the target moving object has moved from a first proximity range to a second proximity range; and

calibrating at least one sensor to receive sensor data in accordance with the second proximity range.

14\. The assistive method according to claim 12, wherein the user input comprises an amount of pressure applied on the set of different haptic indicators by a user of the assistive device,and wherein the method further comprises:
executing a first action based on a first amount of applied pressure; and
executing a second action based on a second amount of applied pressure different from the first amount of applied pressure.

15\. The assistive method according to claim 14, wherein the first action is executed based on the first amount of applied pressure greater than a first threshold pressure value, and wherein the second action is executed based on the second amount of applied pressure greater than a second threshold pressure value.

16\. The assistive method according to claim 14, wherein the at least one of the first action or the second action corresponds to a prompt to require additional information about the target moving object.

17\. The assistive method according to claim 16, wherein the additional information comprises at least one of a current location of the target moving object or a distance between the user and the target moving object.

18\. The assistive method according to claim 12, wherein, based on the tracked movement of the target moving object, outputting at least one of: an audio feedback by one or more audio output devices provided in the assistive device or one or more haptic mobility signals with the touch-discernible output layout for providing navigational assistance from a current position of the user of the assistive device towards the target moving object.

19\. The assistive method according to claim 12, further comprising differently controlling a rate- of-change of movement of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real- world from the user of the assistive device.

20\. The assistive method according to claim 19, further comprising determining a spatial scaling factor for each of the set of moving objects present in the 3D real-world based on the distance of each of the set of moving objects from the user of the assistive device, wherein the rate- of-change of movement of each of the set of different haptic indicators is controlled in accordance with the spatial scaling factor determined for a corresponding moving object of the set of moving objects.

OFFICE ACTION:
DETAILED ACTION
Non-Statutory Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA  as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-12 and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,797,121 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the reference patent are similar in scope and anticipate the claims in the instant application.
Instant Application
US 11,797,121 B2
1. An assistive device, comprising:
a haptic feedback interface that comprises a plurality of haptic elements; and
a haptic feedback controller configured to:
generate a touch-discernible output layout on the haptic feedback interface using the plurality of haptic elements, wherein the touch-discernible output layout corresponds to a reproduction of a three-dimensional (3D) real-world area within a proximity range of the assistive device;
generate a set of different haptic indicators that are spatially arranged on the haptic feedback interface to discern a set of moving objects of the 3D real-world area within the proximity range, wherein the touch-discernible output layout includes the set of different haptic indicators;
receive a user input via the haptic feedback interface; and
track a movement of a target moving object in the 3D real-world area based on the received user input.
1. An assistive device, comprising:
a haptic feedback interface that comprises a plurality of haptic elements; and
a haptic feedback controller configured to: generate a touch-discernible output layout on the haptic feedback interface using the plurality of haptic elements, wherein the touch-discernible output layout corresponds to a reproduction of a three-dimensional (3D) real-world area within a proximity range of the assistive device;
generate a set of different haptic indicators that are spatially arranged on the haptic feedback interface to discern a set of moving objects of the 3D real-world area within the proximity range, wherein the touch-discernible output layout includes the set of different haptic indicators;
receive a user input via the haptic feedback interface, wherein the user input comprises an amount of pressure applied on the set of different haptic indicators by a user of the assistive device;
execute a first action based on a first amount of applied pressure; and
execute a second action based on a second amount of applied pressure different from the first amount of applied pressure.
3. The assistive device according to claim 1, wherein at least one of the first action or the second action corresponds to a prompt to track a movement of a target moving object in the 3D real-world area.
3. The assistive device according to claim 1, wherein the user input comprises an amount of pressure applied on the set of different haptic indicators by a user of the assistive device, and wherein the haptic feedback controller is further configured to:
execute a first action based on a first amount of applied pressure; and
execute a second action based on a second amount of applied pressure different from the first amount of applied pressure.
1. …
wherein the user input comprises an amount of pressure applied on the set of different haptic indicators by a user of the assistive device;
execute a first action based on a first amount of applied pressure; and
execute a second action based on a second amount of applied pressure different from the first amount of applied pressure.
Independent claim 12 and dependent claim 14 correspond to independent claim 11 and dependent claim 13 in the reference patent similarly to the rejection of claims 1 and 3 above.
Claims 4-11, and 15-20 correspond to claims 2, 4-10, 12 and 14-18 in the reference patent.
Conclusion

APPLICANT REBUTTAL: REMARKS
/
ARGUMENTS
Claims 1-5, 7-16, and 18-20 are currently amended for clarity and to overcome minor antecedent issues. No new subject matter has been added. Thus, claims 1-20 are pending herein.
Claims 1, 3-12 and 14-20 were rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,797,121 B2. The Applicant respectfully traverses the rejections at least based on the following remarks.
DOUBLE PATENTING REJECTION
Claims 1, 3-12, and 14-20 were rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,797,121 B2. In this regard, the Applicant respectfully traverses the above rejections, but is nevertheless submitting herewith a Terminal Disclaimer in compliance with 37 C.F.R. § 1.321 (c), to obviate the double patenting rejection.
CONCLUSION

NEXT OFFICE ACTION: Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Claims 1-20 are allowed.
Claim 1 is allowed since none of the prior art alone or in combination suggests an assistive device, comprising:
a haptic feedback interface that comprises a plurality of haptic elements; and
a haptic feedback controller configured to:
generate a touch-discernible output layout on the haptic feedback interface using based on the plurality of haptic elements, wherein the touch-discernible output layout corresponds to a reproduction of a three-dimensional (3D) real-world area within a proximity range of the assistive device;
generate a set of different haptic indicators that are spatially arranged on the haptic feedback interface to discern a set of moving objects of the 3D real-world area within the proximity range, wherein the touch-discernible output layout includes the set of different haptic indicators;
receive a user input via the haptic feedback interface; and
track a movement of a target moving object of the set of moving objects in the 3D real-world area based on the received user input.
Claim 12 is allowed for similar reasons as claim 1.
Claims 2-11 and 13-20 are allowed for being dependent upon aforementioned independent claims 1 and 12.
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.”

CITED REFERENCE SUMMARIES: Ref US11797121B2: Claims:
What is claimed is: 1. An assistive device, comprising: a haptic feedback interface that comprises a plurality of haptic elements; and a haptic feedback controller configured to: generate a touch-discernible output layout on the haptic feedback interface using the plurality of haptic elements, wherein the touch-discernible output layout corresponds to a reproduction of a three-dimensional (3D) real-world area within a proximity range of the assistive device; generate a set of different haptic indicators that are spatially arranged on the haptic feedback interface to discern a set of moving objects of the 3D real-world area within the proximity range, wherein the touch-discernible output layout includes the set of different haptic indicators; receive a user input via the haptic feedback interface, wherein the user input comprises an amount of pressure applied on the set of different haptic indicators by a user of the assistive device; execute a first action based on a first amount of applied pressure; and execute a second action based on a second amount of applied pressure different from the first amount of applied pressure. 2. The assistive device according to claim 1, wherein the first action is executed based on the first amount of applied pressure greater than a first threshold pressure value, and wherein the second action is executed based on the second amount of applied pressure greater than a second threshold pressure value. 3. The assistive device according to claim 1, wherein at least one of the first action or the second action corresponds to a prompt to track a movement of a target moving object in the 3D real-world area. 4. The assistive device according to claim 3, wherein, based on the tracked movement of the target moving object, the haptic feedback controller is further configured to output at least one of an audio feedback by one or more audio output devices provided in the assistive device or one or more haptic mobility signals with the touch-discernible output layout to provide navigational assistance from a current position of the user of the assistive device towards the target moving object. 5. The assistive device according to claim 3, wherein the at least one of the first action or the second action corresponds to a prompt to require additional information about the target moving object. 6. The assistive device according to claim 5, wherein the additional information comprises at least one of a current location of the target moving object or a distance between the user and the target moving object. 7. The assistive device according to claim 1, wherein the haptic feedback controller is further configured to differently control a rate-of-change of movement of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real-world from the user of the assistive device. 8. The assistive device according to claim 7, further comprising a circuitry configured to determine a spatial scaling factor for each of the set of moving objects present in the 3D real-world based on the distance of each of the set of moving objects from the user of the assistive device, wherein the rate-of-change of movement of each of the set of different haptic indicators is controlled in accordance with the spatial scaling factor determined for a corresponding moving object of the set of moving objects. 9. The assistive device according to claim 1, wherein the haptic feedback controller is further configured to differently control a size of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real-world from the user. 10. The assistive device according to claim 1, wherein the set of different haptic indicators are generated by a touch-discernible modality that includes at least one of a differential temperature-based modality, a differential electric pulse-based modality, a differential raised shape pattern-based modality, or a combination of different touch-discernible modalities. 11. An assistive method, comprising: in an assistive device that comprises a haptic feedback controller and a haptic feedback interface that includes a plurality of haptic elements: generating a touch-discernible output layout on the haptic feedback interface using the plurality of haptic elements, wherein the touch-discernible output layout corresponds to a reproduction of a three-dimensional (3D) real-world area within a proximity range of the assistive device; generating a set of different haptic indicators that are spatially arranged on the haptic feedback interface to discern a set of moving objects of the 3D real-world area within the proximity range, wherein the touch-discernible output layout includes the set of different haptic indicators; receiving a user input via the haptic feedback interface, wherein the user input comprises an amount of pressure applied on the set of different haptic indicators by a user of the assistive device; executing a first action based on a first amount of applied pressure; and executing a second action based on a second amount of applied pressure different from the first amount of applied pressure. 12. The assistive method according to claim 11, wherein the first action is executed based on the first amount of applied pressure greater than a first threshold pressure value, and wherein the second action is executed based on the second amount of applied pressure greater than a second threshold pressure value. 13. The assistive method according to claim 11, wherein at least one of the first action or the second action corresponds to a prompt to track a movement of a target moving object in the 3D real-world area. 14. The assistive method according to claim 13, wherein, based on the tracked movement of the target moving object, outputting at least one of: an audio feedback by one or more audio output devices provided in the assistive device or one or more haptic mobility signals with the touch-discernible output layout for providing navigational assistance from a current position of the user of the assistive device towards the target moving object. 15. The assistive method according to claim 13, wherein the at least one of the first action or the second action corresponds to a prompt to require additional information about the target moving object. 16. The assistive method according to claim 15, wherein the additional information comprises at least one of a current location of the target moving object or a distance between the user and the target moving object. 17. The assistive method according to claim 11, further comprising differently controlling a rate-of-change of movement of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real-world from the user of the assistive device. 18. The assistive method according to claim 17, further comprising determining a spatial scaling factor for each of the set of moving objects present in the 3D real-world based on the distance of each of the set of moving objects from the user of the assistive device, wherein the rate-of-change of movement of each of the set of different haptic indicators is controlled in accordance with the spatial scaling factor determined for a corresponding moving object of the set of moving objects. 19. The assistive method according to claim 11, further comprising differently controlling a size of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real-world from the user. 20. The assistive method according to claim 11, wherein the set of different haptic indicators are generated by a touch-discernible modality that includes at least one of a differential temperature-based modality, a differential electric pulse-based modality, a differential raised shape pattern-based modality, or a combination of different touch-discernible modalities.
An assistive device, comprising: a haptic feedback interface that comprises a plurality of haptic elements; and a haptic feedback controller configured to: generate a touch-discernible output layout on the haptic feedback interface using the plurality of haptic elements, wherein the touch-discernible output layout corresponds to a reproduction of a three-dimensional (3D) real-world area within a proximity range of the assistive device; generate a set of different haptic indicators that are spatially arranged on the haptic feedback interface to discern a set of moving objects of the 3D real-world area within the proximity range, wherein the touch-discernible output layout includes the set of different haptic indicators; receive a user input via the haptic feedback interface, wherein the user input comprises an amount of pressure applied on the set of different haptic indicators by a user of the assistive device; execute a first action based on a first amount of applied pressure; and execute a second action based on a second amount of applied pressure different from the first amount of applied pressure.
The assistive device according to claim 1, wherein the first action is executed based on the first amount of applied pressure greater than a first threshold pressure value, and wherein the second action is executed based on the second amount of applied pressure greater than a second threshold pressure value.
The assistive device according to claim 1, wherein at least one of the first action or the second action corresponds to a prompt to track a movement of a target moving object in the 3D real-world area.
The assistive device according to claim 3, wherein, based on the tracked movement of the target moving object, the haptic feedback controller is further configured to output at least one of an audio feedback by one or more audio output devices provided in the assistive device or one or more haptic mobility signals with the touch-discernible output layout to provide navigational assistance from a current position of the user of the assistive device towards the target moving object.
The assistive device according to claim 3, wherein the at least one of the first action or the second action corresponds to a prompt to require additional information about the target moving object.
The assistive device according to claim 5, wherein the additional information comprises at least one of a current location of the target moving object or a distance between the user and the target moving object.
The assistive device according to claim 1, wherein the haptic feedback controller is further configured to differently control a rate-of-change of movement of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real-world from the user of the assistive device.
The assistive device according to claim 7, further comprising a circuitry configured to determine a spatial scaling factor for each of the set of moving objects present in the 3D real-world based on the distance of each of the set of moving objects from the user of the assistive device, wherein the rate-of-change of movement of each of the set of different haptic indicators is controlled in accordance with the spatial scaling factor determined for a corresponding moving object of the set of moving objects.
The assistive device according to claim 1, wherein the haptic feedback controller is further configured to differently control a size of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real-world from the user.
The assistive device according to claim 1, wherein the set of different haptic indicators are generated by a touch-discernible modality that includes at least one of a differential temperature-based modality, a differential electric pulse-based modality, a differential raised shape pattern-based modality, or a combination of different touch-discernible modalities.
An assistive method, comprising: in an assistive device that comprises a haptic feedback controller and a haptic feedback interface that includes a plurality of haptic elements: generating a touch-discernible output layout on the haptic feedback interface using the plurality of haptic elements, wherein the touch-discernible output layout corresponds to a reproduction of a three-dimensional (3D) real-world area within a proximity range of the assistive device; generating a set of different haptic indicators that are spatially arranged on the haptic feedback interface to discern a set of moving objects of the 3D real-world area within the proximity range, wherein the touch-discernible output layout includes the set of different haptic indicators; receiving a user input via the haptic feedback interface, wherein the user input comprises an amount of pressure applied on the set of different haptic indicators by a user of the assistive device; executing a first action based on a first amount of applied pressure; and executing a second action based on a second amount of applied pressure different from the first amount of applied pressure.
The assistive method according to claim 11, wherein the first action is executed based on the first amount of applied pressure greater than a first threshold pressure value, and wherein the second action is executed based on the second amount of applied pressure greater than a second threshold pressure value.
The assistive method according to claim 11, wherein at least one of the first action or the second action corresponds to a prompt to track a movement of a target moving object in the 3D real-world area.
The assistive method according to claim 13, wherein, based on the tracked movement of the target moving object, outputting at least one of: an audio feedback by one or more audio output devices provided in the assistive device or one or more haptic mobility signals with the touch-discernible output layout for providing navigational assistance from a current position of the user of the assistive device towards the target moving object.
The assistive method according to claim 13, wherein the at least one of the first action or the second action corresponds to a prompt to require additional information about the target moving object.
The assistive method according to claim 15, wherein the additional information comprises at least one of a current location of the target moving object or a distance between the user and the target moving object.
The assistive method according to claim 11, further comprising differently controlling a rate-of-change of movement of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real-world from the user of the assistive device.
The assistive method according to claim 17, further comprising determining a spatial scaling factor for each of the set of moving objects present in the 3D real-world based on the distance of each of the set of moving objects from the user of the assistive device, wherein the rate-of-change of movement of each of the set of different haptic indicators is controlled in accordance with the spatial scaling factor determined for a corresponding moving object of the set of moving objects.
The assistive method according to claim 11, further comprising differently controlling a size of each of the set of different haptic indicators on the haptic feedback interface based on a distance of each of the set of moving objects present in the 3D real-world from the user.
The assistive method according to claim 11, wherein the set of different haptic indicators are generated by a touch-discernible modality that includes at least one of a differential temperature-based modality, a differential electric pulse-based modality, a differential raised shape pattern-based modality, or a combination of different touch-discernible modalities.