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 .
Election/Restrictions
Claims 12-31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 29 December 2025.
Claim Objections
Claims 1 and 11 are objected to because of the following informalities:
Claim 1, line 4: “a portion of background” should read --a portion of a background—
Claim 11, line 9: “is adjacent or the second” should read --is adjacent to the second--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “allowing user to engage” yet previously recites “a human user”. It is unclear whether the second recitation is intended to reference the same user. The examiner suggests amending “allowing user to engage” to read --allowing the user to engage-- to overcome this rejection.
Claim 9 recites “allows user to engage” while parent claim 1 recites “a human user”. It is unclear whether applicant intends to reference the same user. The examiner suggests amending “allows user to engage” to read --allows the user to engage-- to overcome this rejection.
Claim Rejections - 35 USC § 103
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, 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 1-4, 6, 7, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2015/068168 (Vadai et al.) in view of U.S. Patent Application Publication No. 2017/0143934 (Tsai et al.).
Regarding claims 1 and 4, Vadai teaches a method of treatment of Alzheimer's disease, stroke, dementia, ADHD, ASD, dyslexia, dyscalculia, dysgraphia, Down syndrome, conduct disorder, emotional or behavioral disorder, speech cluttering, stuttering, language disorders, or deficit of attention in a human user (abstract; “[t]he invention may apply to several medical conditions”, [02]-[03], [12]-[16], [19], “amblyopia, strabismus, glaucoma, Parkinson’s disease, Alzheimer, other brain diseases and conditions”, [26]), comprising:
every t seconds showing on at least a portion of background of a screen a fixed or changing lighter image or color for x% of the t seconds and a fixed or changing darker image or color for y% of the t seconds (images flicker or vary in brightness, [79]-[80]; see also [69], [109]);
showing on the foreground of the screen a cognitive image challenge allowing user to engage in cognitive training or in cognitive activity (overlay images present passive visual learning, [60]); and
delivering to the user sound or sound bursts ([77]),
wherein the lighter image is on average more bright than the darker image or color (images flicker or vary in brightness, [79]-[80]).
Vadai does not specify the frequency and duration of the presentation of the lighter and darker images or colors, and does not specify the frequency of the sound.
However, Tsai teaches a method of treatment of Alzheimer’s disease or dimension in a human user (abstract; [0009]), comprising: every t seconds showing a lighter color for x% of the t seconds and a darker color for y% of the t seconds, wherein t is 1/f wherein f is between 30 Hz and 50 Hz, wherein x is greater than 0% and less than 100%, and wherein y is greater than 0% and less than 100% ([0303]; 40 Hz dark/light flicker with 50% light, 50% dark, [0452]). Tsai teaches the method additionally includes delivering sound at a frequency of about 40 Hz (abstract; method for treating dementia includes delivery of light and/or sound at 40 Hz, [0011]; sound at about 40 Hz, [0195]). 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 method of Vadai to include delivery of sound at about 40 Hz, and wherein t is 1/f wherein f is between 30 Hz and 50 Hz, such as 40 Hz, wherein x is greater than 0% and less than 100%, such as 50%, and wherein y is greater than 0% and less than 100%, such as 50%, as taught by Tsai in order to induce “in vivo gamma oscillations in at least one brain region” of the user to prevent, mitigate, or treat dementia ([0011]).
Regarding claims 2 and 3, Vadai in view of Tsai teaches all the limitations of claim 1. Vadai as modified teaches f is 40 Hz (see rejection of claim 1; Tsai: [0011], [0303], [0452]). Vadai further teaches the visual stimulation parameters including “brightness, contrast, saturation” may be varied ([31]; [67]). Vadai as modified does not expressly teach x is 66% and y is 33% or that x is 33% and y is 66%.
However, Tsai teaches an alternative embodiment wherein the on/off duty cycle of the light flicker may be varied from x, y = 50%, such that x and y are not equal (white (on) and black (off) in 40 Hz light flicker 5502, [0303]-[0304], see Figure 55A). 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 on/off cycle of the light of Vadai as modified such that x is 33% and y is 66% or x is 66% and y is 33% in light of the teachings of Tsai in order to meet the treatment needs of an individual user, wherein the optimal x and y values are discoverable through routine experimentation. It has been held that "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955), see MPEP 2144.05(II)(A). Applicant appears to place no criticality on the values of x is 33% and y is 66% or x is 66% and y is 33%.
Regarding claims 6 and 7, Vadai in view of Tsai teaches all the limitations of claim 1. Vadai teaches the screen is connected to or part of a computer device ([90]); wherein the computer device is capable of receiving the user’s input (“alternation of the display properties may be triggered by either command signal delivered to the display from a controller (for example an computer or a Smartphone)”, [68]).
Regarding claim 9, Vadai in view of Tsai teaches all the limitations of claim 1. Vadai teaches the lighter image or the darker image allows the user to engage in cognitive training or in cognitive activity (overlay images present passive visual learning, [60])
Regarding claim 10, Vadai in view of Tsai teaches all the limitations of claim 1. Vadai teaches the lighter image or the darker image is a video (“superimposed to the video content presented”, [60]).
Regarding claim 11, Vadai teaches a method of treatment of Alzheimer's disease, stroke, dementia, ADHD, ASD, dyslexia, dyscalculia, dysgraphia, Down syndrome, conduct disorder, emotional or behavioral disorder, speech cluttering, stuttering, language disorders, or deficit of attention in a human user (abstract; “[t]he invention may apply to several medical conditions”, [02]-[03], [12]-[16], [19], “amblyopia, strabismus, glaucoma, Parkinson’s disease, Alzheimer, other brain diseases and conditions”, [26]), comprising:
every t seconds showing on at first at least a portion of background of a first screen a fixed or changing lighter image or color for x% of the t seconds and a fixed or changing darker image or color for y% of the t seconds (binocular device, [69]; images flicker or vary in brightness, [79]-[80]; see also [69], [109]);
showing an image allowing the user to engage in cognitive training or in cognitive activity on a second at least a portion of a second screen (overlay images present passive visual learning, [60]; overlay images presented dichoptically, [77], on binocular device, [69]); and
delivering to the user sound or sound bursts ([77]),
wherein the first at least a portion of the first screen is adjacent to the second at least a portion of the second screen (binocular device, [69]; Figure 3);
wherein the lighter image is on average more bright than the darker image or color (images flicker or vary in brightness, [79]-[80]).
Vadai does not specify the frequency and duration of the presentation of the lighter and darker images or colors, and does not specify the frequency of the sound.
However, Tsai teaches a method of treatment of Alzheimer’s disease or dimension in a human user (abstract; [0009]), comprising: every t seconds showing a lighter color for x% of the t seconds and a darker color for y% of the t seconds, wherein t is 1/f wherein f is between 30 Hz and 50 Hz, wherein x is greater than 0% and less than 100%, and wherein y is greater than 0% and less than 100% ([0303]; 40 Hz dark/light flicker with 50% light, 50% dark, [0452]). Tsai teaches the method additionally includes delivering sound at a frequency of about 40 Hz (abstract; method for treating dementia includes delivery of light and/or sound at 40 Hz, [0011]; sound at about 40 Hz, [0195]). 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 method of Vadai to include delivery of sound at about 40 Hz, and wherein t is 1/f wherein f is between 30 Hz and 50 Hz, such as 40 Hz, wherein x is greater than 0% and less than 100%, such as 50%, and wherein y is greater than 0% and less than 100%, such as 50%, as taught by Tsai in order to induce “in vivo gamma oscillations in at least one brain region” of the user to prevent, mitigate, or treat dementia ([0011]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2015/068168 (Vadai et al.) in view of U.S. Patent Application Publication No. 2017/0143934 (Tsai et al.) as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2012/0071706 (Martin).
Regarding claim 5, Vadai in view of Tsai teaches all the limitations of claim 1. Vadai as modified does not specify the screen is a TV screen.
However, Martin teaches a method of treatment for reduction in agitation in Alzheimer’s patients (abstract; [0015]), comprising presenting visual stimuli to a user, wherein the visual stimuli is presented on a TV screen ([0038]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the TV screen of Martin as the screen of Vadai as modified, as Martin teaches various display devices, such as a computer monitor and television, are substitutable alternatives for presenting therapeutic visual stimuli to a user ([0038]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2015/068168 (Vadai et al.) in view of U.S. Patent Application Publication No. 2017/0143934 (Tsai et al.) as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2018/0133507 (Malchano et al.).
Regarding claim 8, Vadai in view of Tsai teaches all the limitations of claim 1. Vadai as modified does not specify the at least a portion of the screen is the entire screen.
However, Malchano teaches a method of treating Alzheimer's disease in a human user ([0004]), comprising: every t seconds showing on an entire screen a fixed lighter image or color for x% of the t seconds and a fixed darker image or color for y% of the t seconds, where t is 1/f, and f is 40 Hz (tablet 500 screen 305 is enabled (light) Fig. 5A or disabled (dark) Fig. 5B to flash at a frequency of 40 Hz, [0283]-[0284]). 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 method of Vadai as modified such that the at least a portion of the screen is the entire screen as taught by Malchano, in order to expand the visual field perceived by the user for stimulation to effectively treat Alzheimer’s disease (Malchano: entire screen, [0283]-[0284]; [0004]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carrie R Dorna whose telephone number is (571)270-7483. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at 571-272-4233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARRIE R DORNA/Primary Examiner, Art Unit 3791
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