DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Restriction/Election
Applicant’s election without traverse of claims 21-29 designated Group I in the reply filed on 01/12/2026 is acknowledged.
Claim 1-20 were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/12/2026.
Specification
The disclosure is objected to because of the following informalities:
“…A method of reducing stress incudes measuring an initial heart rate … The musical parameter is changes until the musical parameter matches a target musical parameter that is associated with the target heart rate” in at least abstract needs to be corrected. A suggested correction is -- A method of reducing stress [[incudes]] includes measuring an initial heart rate… The musical parameter is [[changes]] changed until the musical parameter matches a target musical parameter that is associated with the target heart rate --.
“Moreover, it is withing the scope of this disclosure” in at least [0033] needs to be corrected. A suggested correction is -- Moreover, it is [[withing]] within the scope of this disclosure--.
“At 306, The hands of the user” in at least [0087] needs to be corrected. A suggested correction is -- At 306, [[The]] the hands of the user--.
“for the user to try ot match” in at least [0091] needs to be corrected. A suggested correction is -- for the user to try [[ot]] to match--.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Following claims are objected to because of the following informalities:
Claim 28 “the heart rate” and line 2 “needs to be corrected. A suggested correction is – [[the]] heart rate –in light of lack of any antecedent for the term “the heart rate” in the current claim or any of the preceding base claims.
Claim 22 lines 3-6 “wherein the first accelerometer and first gyroscope are in communication with the first vibrator through the system such that the first vibrator is … simulate a feel to the user associated with playing the percussion instrument with the detected movement of the user's first hand” and lines 9-12 “wherein the second accelerometer and second gyroscope are in communication with the second vibrator through the system such that the second vibrator is … simulate a feel to the user associated with playing the percussion instrument with the detected movement of the user's second hand” needs to be corrected. A suggested correction is --wherein the first accelerometer and first gyroscope are in communication with the first vibrator through the system [[such]] in a manner that the first vibrator is … simulate a feel to the user associated with playing the percussion instrument with the detected movement of the user's first hand—and --wherein the second accelerometer and second gyroscope are in communication with the second vibrator through the system [[such]] in a manner that the second vibrator is … simulate a feel to the user associated with playing the percussion instrument with the detected movement of the user's second hand—respectively to avoid intended result/functional limitation interpretation (see MPEP 2111.04) which would raise question as to whether the limitation proceeding “such that” is even required or not required.
Each of claims 21-28 recite “operable to” encompassing limitations which need to be corrected to avoid potential intended use/functional limitation interpretation as detailed in MPEP 2111.04 which states inter alia that claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure (See MPEP 2111.04 ). As an example, a suggested correction is amend claim 21 lines 4-7 “the first UIM comprising a first vibrator operable to transmit controlled vibrations to the user's first wrist, the controlled vibrations of the first vibrator operable to simulate a feel to the user associated with playing a first portion of a musical piece with a percussion instrument” and claim 21 lines 12-15 “the second UIM comprising a second vibrator operable to transmit controlled vibrations to the user's second wrist, the controlled vibrations of the second vibrator operable to simulate a feel to the user associated with playing a second portion of the same music piece with the same percussion instrument” to -- the first UIM comprising a first vibrator [[operable]] configured to transmit controlled vibrations to the user's first wrist, the controlled vibrations of the first vibrator [[operable]] configured to simulate a feel to the user associated with playing a first portion of a musical piece with a percussion instrument—and --the second UIM comprising a second vibrator [[operable]] configured to transmit controlled vibrations to the user's second wrist, the controlled vibrations of the second vibrator [[operable]] configured to simulate a feel to the user associated with playing a second portion of the same music piece with the same percussion instrument-- respectively. Similar amendments are suggested for claims 22-28.
Claim 28 ends with a “,” instead of a “.”.
Each of claims 23-26 include capitalized terms within the respective claim which needs to be corrected. A suggested correction is to amend claim 23 “Hands Occupied”, claim 24 “Hearing Occupied”, claim 25 “Sight Occupied” and claim 26 “All Senses Available” to –hands occupied--, “hearing occupied”, “sight occupied” and “all senses available” respectively.
Claim 29 " the first-hand wrist device” and “the second-hand wrist device" in line 3 should read – the first hand wrist device -- and “second hand wrist device” in order to maintain consistent terminology with its antecedent “a first hand wrist device” at line 2 and “a second hand wrist device” at line 10 of Claim 21 or vice-versa. Appropriate correction is required.
Claim 21 " music piece” " in lines 14-15 should read – [[music]] musical piece -- in order to maintain consistent terminology with its antecedent “musical piece” at claim 21 line 6 or vice-versa. Appropriate correction is required.
Claim 27 " music piece” in line 5 and line 10 should read – [[music]] musical piece -- in order to maintain consistent terminology with its antecedent “musical piece” at claim 21 line 6 or vice-versa. Appropriate correction is required.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 21-29 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 21 in line 5 recites “the user's first wrist” and line 13 recites “the user's second wrist”. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 in line 3 and line 6 recites “the user's first hand” and in line 8 and line 12 recites “the user’s second hand”. There is insufficient antecedent basis for this limitation in the claim.
Dependent claims 22-29 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 112(b) because the additional recited limitations fail to cure the 35 U.S.C. 112(b) issue in their respective base claims. Consequently, dependent claims 22-29 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification as-filed para. [0031], [0034], [0039-0042], [0070], [0122-0123].
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
Claim Rejections - 35 USC § 103
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.
Claims 21-26, 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Grace (Pub. No.: US 20200243055 A1, hereinafter referred to as "Grace") in view of Mayo et al. (Pub. No.: US 20200147339 A1, hereinafter referred to as “Mayo”).
As per independent Claim 21, Grace discloses a system for reducing stress of a user (Grace in at least abstract, fig. 1-12, [0003], [0030], [0034], [0036], [0039-0043], [0045-0046], [0048-0049], [0061-0062], [0067], [0069-0071], [0075-0076], [0082-0084], [0097], [0113], [0124], [0173], [0181], [0186],[0207], [0210], [0215-0217], [0219-0221], [0223-0224], [0227-0229], [0367-0367] for example discloses relevant subject-matter. More specifically, Grace in fig. 1, fig. 10-12, [0030], [0034], [0036], [0049], [0223] for example discloses system for reducing stress of a user. See at least Grace [0030] “musical/sound characteristics may act to guide a user from a negative state to a positive state, from a stressed state to a relaxed state”; [0036] “methods, systems, and apparatuses for generating music (and/or other audio/sound content) associated with an emotion contained within a communication and for a user interface for generating music associated with an emotion or state… Although the specification generally refers to generating music, it should be noted that other interactive audio/sound content (e.g., reactive sound, reactive audio, and/or the like) may be generated using the methods, systems, and apparatuses”) the system comprising:
a first hand wrist device comprising a first user interface module (first UIM) connected to a first wrist strap (Grace in at least [0040], [0042], [0048-0049], [0061-0062], [0069-0071] for example discloses a first hand wrist device such as a smart watch comprising a first user interface module (first UIM) connected to a first wrist strap. See at least Grace [0040] “user devices 105 might include, without limitation…smart watch, a portable fitness tracker…and/or the like”; [0042] “audio playback devices 120 might each include, without limitation… one of one or more speakers integrated within the user device 105 and/or user input device 115, …and/or the like.”; [0048] “biometric/health communication may contain biometric/health feedback from at least one of … a smart watch, a fitness tracker… and/or the like. The biometric/health feedback may include at least one of a heart rate, a HRV… a stress level… and/or the like”; [0062] “user may explicitly indicate a particular preference for certain types of music… the computing system 105 may generate music that has similar characteristics”; [0069] “music that is generated may be digital instruments which sound like real instruments (e.g…drums, etc.).”):
the first UIM comprising a first vibrator operable to transmit controlled vibrations to the user's first wrist (Grace in at least [0036], [0040], [0042], [0061-0062], [0069] for example discloses the first UIM comprising a first vibrator operable to transmit controlled vibrations to the user's first wrist as would occur if a smart watch worn by the user on the wrist with integrated speakers generates music which sounds like percussion instrument/drums in response to biometric/health feedback. See at least Grace [0036] “other interactive audio/sound content (e.g., reactive sound, reactive audio, and/or the like) may be generated using the methods, systems, and apparatuses”; [0040] “user devices 105 might include, without limitation…smart watch …and/or the like”; [0042] “audio playback devices 120 might each include, without limitation… one of one or more speakers integrated within the user device 105 and/or user input device 115, …and/or the like.”; [0048] “biometric/health communication may contain biometric/health feedback from at least one of … a smart watch … and/or the like. The biometric/health feedback may include at least one of a heart rate, a HRV… a stress level… and/or the like”; [0062] “user may explicitly indicate a particular preference for certain types of music… the computing system 105 may generate music that has similar characteristics”; [0069] “music that is generated may be digital instruments which sound like real instruments (e.g…drums, etc.).”), the controlled vibrations of the first vibrator operable to simulate a feel to the user associated with playing a first portion of a musical piece with a percussion instrument, and the first wrist strap being configured to strap the first UIM to a user's first wrist (Grace in at least [0040], [0042], [0048-0049], [0061-0062], [0069-0071] for example discloses controlled vibrations of the first vibrator operable to simulate a feel to the user associated with playing a first portion of a musical piece with a percussion instrument/drum, and the first wrist strap being configured to strap the first UIM to a user's first wrist as would occur if a smart watch worn by the user on the wrist with integrated speakers generates music which sounds like percussion instrument/drums in response to biometric/health feedback. See at least Grace [0062] “user may explicitly indicate a particular preference for certain types of music… the computing system 105 may generate music that has similar characteristics”; [0069] “music that is generated may be digital instruments which sound like real instruments (e.g…drums, etc.).”; [0070] “generated music may be configured to evolve over time and transition between different states as the user's state changes, the one or more persons' state changes…Additionally … music may be configured to guide a user toward a desired state by continuously adapting based on at least one of the one or more sensor inputs, the one or more communications”; [0071] “computing system 105, input device 115, and/or at least one audio playback device 125 may exercise continuous control over one or more musical characteristics to cause the one or more musical characteristics to evolve or change over time and guide a user from one state to another state”),
Grace does not explicitly disclose a second hand wrist device features i.e. a second hand wrist device comprising a second user interface module (second UIM) connected to a second wrist strap: the second UIM comprising a second vibrator operable to transmit controlled vibrations to the user's second wrist, the controlled vibrations of the second vibrator operable to simulate a feel to the user associated with playing a second portion of the vibration, and the second wrist strap being configured to strap the second UIM to a user's second wrist.
However, in an analogous system for reducing stress of a user field of endeavor, Mayo discloses a system for reducing stress of a user (Mayo in at least abstract, fig. 1-8, [0005-0007], [0029-0031], [0033-0034], [0036-0042], [0082], [0090-0091] for example discloses relevant subject-matter. More specifically, Mayo in at least fig. 1-3, 5C, 6-8, abstract, [0007], [0029] for example discloses a system reducing stress of a user. See at least Mayo [0029] “automatic bi-lateral stimulation is applied responsive to the one or more physiological parameters and/or environmental parameters exceeding a threshold indicative that the individual is experiencing (or about to experience) an increase in stress.”)
a first hand wrist device comprising a first user interface module (first UIM) connected to a first wrist strap; the first UIM comprising a first vibrator operable to transmit controlled vibrations to the user's first wrist; the controlled vibrations of the first vibrator operable to simulate a tactile feel to the user, and the first wrist strap being configured to strap the first UIM to a user's first wrist (Mayo in at least fig. 1, fig. 8, [0007], [0029], [0039-0040] for example discloses a first hand wrist device comprising a first user interface module (first UIM) connected to a first wrist strap 106; the first UIM comprising a first vibrator 104 operable to transmit controlled vibrations to the user's first wrist; the controlled vibrations of the first vibrator operable to simulate a tactile feel to the user, and the first wrist strap being configured to strap the first UIM to a user's first wrist as seen in fig.1 and fig. 8. See at least Mayo [0007] “a system for providing a therapeutic benefit to a person includes, but is not limited to, first and second tactile stimulators bi-laterally positioned in therapeutic contact with a body of a person, a plurality of physiological sensors coupled to the first and second tactile stimulators … A processor communicably coupled to the first and second tactile simulators, the plurality of physiological …sensors…activate the first and second stimulators positioned bi-laterally on the person to initiate bi-lateral stimulation for a therapeutically effective time period”; [0029] “vibrating elements 104 are coupled to the individual's wrists by a band 106. The vibrating elements 104 are controlled by a mobile device 102 (e.g., cell phone, tablet computer, personal digital assistant or remote-control device) running a software application (or app) that wirelessly communicates with the vibrating elements 104 via the mobile device 102 causing them to vibrate… In an automatic mode of operation, a processor in the mobile device 102 executes functions or algorithms running to determine and monitor one or more physiological and environmental parameters to determine whether an individual is experiencing (or about to experience) an increase in stress, and then automatically activate bi-lateral stimulation”);
a second hand wrist device comprising a second user interface module (second UIM) connected to a second wrist strap: the second UIM comprising a second vibrator operable to transmit controlled vibrations to the user's second wrist, the controlled vibrations of the second vibrator operable to simulate a feel to the user associated with playing a second portion of the vibration, and the second wrist strap being configured to strap the second UIM to a user's second wrist (Mayo in at least fig. 1, fig. 8, [0007], [0029], [0039-0040] for example discloses a second hand wrist device comprising a second user interface module (second UIM) connected to a second wrist strap: the second UIM comprising a second vibrator operable to transmit controlled vibrations to the user's second wrist, the controlled vibrations of the second vibrator operable to simulate a feel to the user associated with playing a second portion of the vibration, and the second wrist strap being configured to strap the second UIM to a user's second wrist as shown in fig. 1 and fig. 8. See at least Mayo [0007] “a system for providing a therapeutic benefit to a person includes, but is not limited to, first and second tactile stimulators bi-laterally positioned in therapeutic contact with a body of a person, a plurality of physiological sensors coupled to the first and second tactile stimulators … A processor communicably coupled to the first and second tactile simulators, the plurality of physiological …sensors…activate the first and second stimulators positioned bi-laterally on the person to initiate bi-lateral stimulation for a therapeutically effective time period”; [0039] “mobile device 102 is in communication with a pair (left and right) of vibrating elements 104 to provide bi-lateral stimulation either in a manual mode or an automatic mode… an automatic (closed-loop) mode, the mobile device 102 receives and processes the data from a plurality of … physiological sensors received from one or both vibrating elements 104 …to process the sensor data using one or more functions or algorithms to determine whether a stressful situation exists (or is about to begin) and automatically initiate bi-lateral stimulation”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the number of wrist devices used in the system for reducing stress of a user as taught by Grace, by further including an additional second hand wrist device, as taught by Mayo. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of providing therapeutic stress reducing benefit to a person via bilateral stimulators and bilateral stimulation techniques (Mayo, abstract, [0004-0005], [0007]).
As per dependent Claim 22, the combination of Grace and Mayo as a whole further discloses system comprising: a first accelerometer and a first gyroscope mounted on the first UIM, the first accelerometer and first gyroscope operable to detect movement of the user's first hand, wherein the first accelerometer and first gyroscope are in communication with the first vibrator through the system such that the first vibrator is operable to simulate a feel to the user associated with playing the percussion instrument with the detected movement of the user's first hand (Grace in at least [0036], [0040], [0042], [0046], [0048-0049], [0069], [0083], [0124], [0214-0217], [0219-0221], [0223] discloses first accelerometer and a first gyroscope coupled to user device/smart watch, the first accelerometer and first gyroscope capable of being operable to detect movement of the user's first hand via sensors that detect motion/movement of the user, wherein the first accelerometer and first gyroscope are in communication with the first vibrator through the system such that the first vibrator is operable to simulate a feel to the user associated with playing the percussion/drum instrument with the detected movement of the user's first hand as would occur if a smart watch worn by the user on the wrist with integrated speakers generates music which sounds like percussion instrument/drums in response to accelerometer and gyroscope sensor feedback. See at least Grace [0036] “other interactive audio/sound content (e.g., reactive sound, reactive audio, and/or the like) may be generated using the methods, systems, and apparatuses”; [0040] “accelerometer that has been paired, synced, or synchronized with the user device 105, a gyroscope sensor that has been paired, synced, or synchronized with the user device 105”; [0046] “sensor communication may contain feedback from one or more sensors including, but not limited to, …one or more accelerometer sensors, one or more gyroscope sensors…and/or the like”; [0221] “In order to guide the user toward a desired second state, the computing system may control, adapt, and/or evolve one or more characteristics of music based on input from the one or more sensors. The one or more characteristics of music might, include, but are not limited to… a rhythm, a beat… one or more characteristics of music might be associated with guiding a user toward a desired state” ); and
a second accelerometer and a second gyroscope mounted on the second UIM, the second accelerometer and second gyroscope operable to detect movement of the user's second hand, wherein the second accelerometer and second gyroscope are in communication with the second vibrator through the system such that the second vibrator is operable to simulate a feel to the user associated with playing the percussion instrument with the detected movement of the user's second hand (Grace’s disclosure in at least [0036], [0040], [0042], [0046], [0048-0049], [0069], [0083], [0124], [0214-0217], [0219-0221], [0223] of an accelerometer and a gyroscope coupled to user device/smart watch, the accelerometer and gyroscope capable of being operable to detect movement of the user's hand via sensors that detect motion/movement of the user, wherein the accelerometer and gyroscope are in communication with the vibrator through the system such that the vibrator is operable to simulate a feel to the user associated with playing the percussion/drum instrument with the detected movement of the user's hand as would occur if a smart watch worn by the user on the wrist with integrated speakers generates music which sounds like percussion instrument/drums in response to accelerometer and gyroscope sensor feedback, makes subject-matter as now explicitly, positively and specifically recited by the Applicants obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to attempt/derive as a matter of mere duplication of prior art disclosed elements (see MPEP 2144. 04) in order to deliver and amplify tactile therapeutic stimulation to the user).
As per dependent Claim 23, the combination of Grace and Mayo as a whole further discloses system comprising a Hands Occupied control mounted on one of the first and second UIM, the Hands Occupied control operable to signal to the system that the hands of the user are occupied and are not currently available to participate in stress reduction techniques (Grace’s disclosure of user interfaces such as voice communication, interactive touch screen, audio/music user interface, a textual communication, a picture communication, a video communication, a haptic communication and/or the like in fig. 2, [0026-0028], [0034], [0088], [0096], [0109], [0202-0203], [0206], [0253-0255], [0266], [0268], [0291-0292] for example make subject-matter as now explicitly, positively and specifically recited by the Applicants obvious to derive in order render the system more accessible to users).
As per dependent Claim 24, the combination of Grace and Mayo as a whole further discloses system comprising a Hearing Occupied control mounted on one of the first and second UIM, the Hearing Occupied control operable to signal to the system that the hearing of the user is occupied and is not currently available to participate in stress reduction techniques (Grace’s disclosure of user interfaces such as voice communication, interactive touch screen, audio/music user interface, a textual communication, a picture communication, a video communication, a haptic communication and/or the like in fig. 2, [0026-0028], [0034], [0088], [0096], [0109], [0202-0203], [0206], [0253-0255], [0266], [0268], [0291-0292] for example make subject-matter as now explicitly, positively and specifically recited by the Applicants obvious to derive in order render the system more accessible to users).
As per dependent Claim 25, the combination of Grace and Mayo as a whole further discloses system comprising a Sight Occupied control mounted on one of the first and second UIM, the Sight Occupied control operable to signal to the system that the sight of the user is occupied and is not currently available to participate in stress reduction techniques(Grace’s disclosure of user interfaces such as voice communication, interactive touch screen, audio/music user interface, a textual communication, a picture communication, a video communication, a haptic communication and/or the like in fig. 2, [0026-0028], [0034], [0088], [0096], [0109], [0202-0203], [0206], [0253-0255], [0266], [0268], [0291-0292] for example make subject-matter as now explicitly, positively and specifically recited by the Applicants obvious to derive in order render the system more accessible to users).
As per dependent Claim 26, the combination of Grace and Mayo as a whole further discloses system comprising an All Senses Available control mounted on one of the first and second UIM, the All Senses Available control operable to signal to the system that all of the senses of the user are available to participate in stress reduction techniques (Grace’s disclosure of user interfaces such as voice communication, interactive touch screen, audio/music user interface, a textual communication, a picture communication, a video communication, a haptic communication and/or the like in fig. 2, [0026-0028], [0034], [0088], [0096], [0109], [0202-0203], [0206], [0253-0255], [0266], [0268], [0291-0292] for example make subject-matter as now explicitly, positively and specifically recited by the Applicants obvious to derive in order render the system more accessible to users).
As per dependent Claim 28, the combination of Grace and Mayo as a whole further discloses system comprising a heart rate sensor mounted on one of the first or second UIM, the heart rate sensor operable to measure the heart rate of the user (Mayo in at least fig. 8, [0034], [0049] for example discloses a heart rate sensor 210 mounted on one of the first or second UIM, the heart rate sensor operable to measure the heart rate of the user. See at least Mayo [0034], “physiological sensors 210 may include a heart rate sensor 214… for the vibrating element 104, and any other sensors 232 as desired for any particular implementation of the physiological sensors 210.”; [0049] “heart rate (sensor 214)…rising heart rate and steady or falling skin temperature, may indicate the onset on stress causing the processor 802 to begin an initial therapy from the memory table 808”. Also see Grace [0215] “biometric/health sensor input may be received from … a smart watch… and/or the like. The feedback from the one or more biometric/health sensors might include, but is not limited to, at least one of a heart rate… and/or the like.”).
As per dependent Claim 29, the combination of Grace and Mayo as a whole further discloses system comprising a software application installed at least on one of the first UIM, the second UIM or a separate computerized device, the software application in communication with the first-hand wrist device and the second-hand wrist device (Grace in at least [0024], [0034], [0036], [0040], [0042] for example discloses a software application installed at least on one of the first UIM or a separate computerized device, the software application in communication with the first-hand wrist device while Mayo in at least fig. 8, [0039-0042] for example discloses a software application installed at least on one of the first UIM, the second UIM or a separate computerized device, the software application in communication with the first-hand wrist device and the second-hand wrist device. See at least Grace [0036] “other interactive audio/sound content (e.g., reactive sound, reactive audio, and/or the like) may be generated using the methods, systems, and apparatuses”; [0040] “user devices 105 might include, without limitation…smart watch …and/or the like”; [0042] “computing system 105a might comprise one of a processor within the user device 105 running a software application (“app”), a processor within the input device 115 running an app, a processor within one of the audio playback devices, and/or the like. In some embodiments, the audio playback devices 120 might each include, without limitation…one of one or more speakers integrated within the user device 105”. See at least Mayo [0040] “mobile device 102 may comprise any conventional mobile device (e.g., cell phone, tablet or personal digital assistant) capable of loading and running application programs (commonly referred to as “apps”)...The processor 802 is in communication with a memory 804 which may include one or more application programs 806 one of which comprises a bi-lateral stimulation app configured to perform the methods”).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Grace in view of Mayo and further in view of Conner et al. (Pub. No.: US 20190070057 A1, hereinafter referred to as “Conner”).
As per dependent Claim 27, combination of Grace and Mayo as a whole discloses system comprising: the controlled vibrations of the vibrators on the wrist strap operable to simulate a feel to the user associated with playing a portion of the music piece with the percussion instrument (Grace in at least [0036], [0040], [0042], [0048-0049], [0061-0062], [0069-0071] for example discloses controlled vibrations of the vibrators on the wrist strap operable to simulate a feel to the user associated with playing a portion of the music piece with the percussion instrument as would occur if a smart watch worn by the user on the wrist with integrated speakers generates music which sounds like percussion instrument/drums in response to biometric/health feedback).
The combination of Grace and Mayo as a whole does not explicitly disclose wrist strap comprising additional one or more wrist strap vibrators features.
However, in an analogous system for reducing stress of a user field of endeavor, Conner discloses system for reducing stress of a user (Conner in at least abstract, fig. 1-5, [0002], [0019-0023], [0026-0030], [0045-0049] for example discloses relevant subject-matter. More specifically, Conner in at least abstract, fig. 3, fig. 5, [0020-0021], [0026], [0028], [0030] for example discloses system for reducing stress of a user. See at least Conner abstract “A vibration system is provided that… provide for wearable bracelets, bands, or other wearable structures that may contain vibration … wherein the vibration or tapping instruments may be configured to provide bilateral stimulation.”; [0020] “devices, elements, or other components of the system may contain a means of vibration … …bilateral stimulation involves a stimulus (in this case vibration) … shown to provide relief for trauma related anxiety”; [0028] “smartwatch user interface may allow users to pair the device with a smartphone or computer that may send and receive information by wireless transmission (Bluetooth). This pairing may allow the device to be triggered or controlled through the app interface.”; [0030] “unique features of the present invention may provide the following benefits for one or more consumers: it may reduce stress or anxiety… stimulation can be activated by sensing biometrics signatures such as … heart rate when the wearer is stressed”),
the first wrist strap comprising one or more first wrist strap vibrators, the one or more first wrist strap vibrators operable to transmit controlled vibrations to the user's first wrist, the controlled vibrations of the one or more first wrist strap vibrators operable to simulate a feel to the user (Conner abstract, fig. 3, 5, [0021-0023], [0025], [0028], [0047], [0049] for example discloses first wrist strap comprising one or more first wrist strap vibrators (fig. 3, 104), the one or more first wrist strap vibrators operable to transmit controlled vibrations to the user's first wrist (see fig. 5), the controlled vibrations of the one or more first wrist strap vibrators operable to simulate a feel to the user. See at least Conner [0021] “Stimulation may be provided … on a programmed schedule. Stimulation may also be provided following a biometric cue such as a sudden increase in heart rate indicating panic”; [0022] “wearable bracelets/bands or other wearable structures that may contain vibration or tapping stimulation.”; [0026] “both bracelet devices may be the same device. Each bracelet device … may have multiple stimulators”; [0047] “a vibration system … vibration motor(s) 104, strap lock 105, strap keeper 106, watch strap 107, wireless connection 108, and alternating vibrations 109.”); and
the second wrist strap comprising one or more second wrist strap vibrators, the one or more second wrist strap vibrators operable to transmit controlled vibrations to the user's second wrist, the controlled vibrations of the one or more second wrist strap vibrators operable to simulate a feel to the user (Conner fig. 3, 5, [0021-0023], [0025], [0028], [0047], [0049] for example discloses the second wrist strap comprising one or more second wrist strap vibrators (fig. 3, 104), the one or more second wrist strap vibrators operable to transmit controlled vibrations to the user's second wrist(see fig. 5), the controlled vibrations of the one or more second wrist strap vibrators operable to simulate a feel to the user. See at least Conner [0021] “Stimulation may be provided … on a programmed schedule. Stimulation may also be provided following a biometric cue such as a sudden increase in heart rate indicating panic”; [0022] “wearable bracelets/bands or other wearable structures that may contain vibration or tapping stimulation.”; [0026] “both bracelet devices may be the same device. Each bracelet device … may have multiple stimulators”; [0047] “a vibration system … vibration motor(s) 104, strap lock 105, strap keeper 106, watch strap 107, wireless connection 108, and alternating vibrations 109.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system for reducing stress of a user of Grace, as modified with Mayo, by further including additional vibrators on the wrist band as disclosed in Conner. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of providing a therapeutic stress reducing benefit to a person via bilateral stimulators positioned at multiple body locations using bilateral stimulation techniques (Conner, [0003], [0014], [0020], [0030]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims.
Prior art US 20160346501 A1 to Hooper et al. discloses wearable apparatus capable of altering a physiological parameter such as the heart rate of a user to provide a relaxing or stimulating effect on the user via tactile stimulation similar to that disclosed and claimed. More specifically, Hooper discloses apparatus comprises a device capable of engaging the patient's skin to provide a rhythmic tactile stimulus to the user that can alter the user's heart rate and an arrangement for securing the device to the user such that the device can apply the stimulus to the user. The apparatus may be part of a system enabling the device to be controlled remotely. The apparatus may also be configured to provide additional tactile stimuli.
Prior art US 20180220901 A1 to LeBoeuf et al discloses method of controlling a biometric parameter, such as heart rate and/or breathing rate, of a subject engaged in an activity includes sensing the biometric parameter via a monitoring device worn by the subject, determining frequency characteristics of the biometric parameter, and presenting to the subject musical audio having a tempo correlated to the frequency characteristics of the biometric parameter similar to that disclosed. In LeBoeuf the tempo of the musical audio presented to the subject may be changed in order to cause a change in the biometric parameter. A method of modulating heart rate of a subject engaged in an activity includes sensing a breathing rate of the subject via a monitoring device worn by the subject, and then presenting to the subject musical audio having a tempo selected to change the breathing rate by an amount sufficient to cause a change in the heart rate.
Prior art US 20210213239 A1 to Jones et al. discloses bilateral wearable tactile stimulation system that reduces stress, anxiety similar to that disclosed and claimed. More specifically, Jones discloses a bilateral stimulation device that include a housing, a tactile stimulator coupled to the housing, a communications module configured to receive wireless communication from a remote device; and a controller module configured to independently and selectively control at least one tactile setting of the tactile stimulator based on wireless communication received from the remote device.
Prior art US 20220027123 A1 to Rando et al. discloses media-playback device that acquires a heart rate, selects a song with a first tempo, and initiates playback of the song similar to that disclosed. The song meets a set of qualification criteria and the first tempo is based on the heart rate, such as being equal to or less than the heart rate. The media-playback device also initiates playback of a binaural beat at a first frequency. Over a period of time, the binaural beat's first frequency is changed to a second frequency. Over the period of time, the first tempo can also be changed to a second tempo, where the second tempo is slower than the first tempo.
Prior art US 20170296429 A1 to Mayo et al. discloses a system and method for reducing stress similar to that disclosed and claimed. More specifically, Mayo discloses system for providing a therapeutic benefit to a patient includes positioning a first tactile stimulator in therapeutic contact with a body of a patient and positioning a second tactile stimulator in therapeutic contact with the body of the patient in a bilateral position to the first tactile stimulator. A controller (mobile device) activates the first tactile stimulator to provide a first stimulation for a first time period and activating the second tactile stimulator to apply a second stimulation for a second time period beginning at least commensurate with a cessation of the first time period. This process is repeated for a therapeutically effective number of repetitions so that the first and second stimulations are applied bilaterally to the body of the patient without a patient perceivable pause in stimulation between the first stimulation and second stimulation to provide the therapeutic benefit to the patient.
Prior art US 20140343354 A1 to Larson et al. discloses system for inducing a sleep state using binaural acoustic tones similar in terms of inducing relaxation similar to that disclosed. More specifically, Larson discloses using an iterative loop of data collection, binaural tone generation/presentation, and analysis binaural tones to induce an existing brain state to change from one associated with being awake to a state associated with being asleep. The current state of an individual's brain is determined by measuring movement and electrical activity. Using this data a binaural tone can be generated to induce the brain state to change. As the state of the brain is continually monitored the applied binaural tone is modified and applied until the desired sleep state is obtained.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA REDDY whose telephone number is (571)270-5151. The examiner can normally be reached on M-Thu 10-4 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES A MARMOR II can be reached on (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA REDDY/Primary Examiner, Art Unit 3791