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 of claims 1-14 drawn to Group I in the reply filed on 02/03/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)).
Claim 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/03/2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: figure 1 does not include the reference sign “8” mentioned in the description at least [0016].
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Following claims are objected to because of the following informalities:
Claim 4 “on the basis of the state of the brain waves of the target user identified by the state identification part when each of the plurality of pieces of content is output” needs to be corrected. A suggested correction is -- on the basis of the state of the brain waves of the target user identified by the state identification part [[when]]while each of the plurality of pieces of content is output-- to avoid conditional limitation recitation which would raise question as to what occurs when the condition is not met.
Claim 6 “identifies an analysis method used when the identified second status information is acquired as an analysis method suitable for improving the improvement target state” needs to be corrected. A suggested correction is -- identifies an analysis method used [[when]] based on the identified second status information [[is]] being acquired as an analysis method suitable for improving the improvement target state-- to avoid conditional limitation recitation which would raise question as to what occurs when the condition is not met.
Claim 8 “a third notification method for causing a device capable of generating an aromatic substance disposed in the vicinity of the user to generate an aromatic substance on the basis of the state of the brain waves of the target user” needs to be corrected. A suggested correction is -- a third notification method for causing a device configured to generate an aromatic substance disposed in the vicinity of the user to generate an aromatic substance on the basis of the state of the brain waves of the target user—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 ). Similar correction i.e. -- the notification part reduces an amount of an aromatic substance generated by the device configured to generate the aromatic substance-- is suggested for claim 13 “the notification part reduces an amount of an aromatic substance generated by the device capable of generating the aromatic substance”.
Claim 10 “wherein the notification part calculates a score such that the score becomes higher as the state of the brain waves is better” needs to be corrected. A suggested correction is -- wherein the notification part calculates a score [[such]] in a manner that the score becomes higher as the state of the brain waves is better-- 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.
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.
Claims 1-14 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 1 in line 14 recites “an improvement target state” which renders this claim unclear. More specifically, it is unclear as to whether claim 1 line 14 “an improvement target state” is the same as, different than or in addition to “an improvement target state” recited in claim 1 line 7 and if different in what way the two differ.
Claim 1 in lines 18-19 recites “the improvement target state” which renders this claim unclear. More specifically, it is unclear as to whether claim 1 in lines 18-19 “the improvement target state” is referencing claim 1 line 7 “an improvement target state” and/or claim 1 line 14 “an improvement target state”.
Each of claim 2, 3, 4, 6, 7 recite one or more instances of “the improvement target state” which renders this claim unclear. More specifically, it is unclear as to whether the “the improvement target state” in these claims is referencing claim 1 line 7 “an improvement target state” and/or claim 1 line 14 “an improvement target state”.
Claim 2 in line 6 recites “a user” which renders this claim unclear. More specifically, it is unclear as to whether claim 2 line 6 “a user” is the same as, different than or in addition to that recited in claim 1 line 3 and if different in what way the two differ.
Claim 2 in line 7 recites “the user” which renders this claim unclear. More specifically, it is unclear as to whether claim 2 line 7 “the user” is referencing claim 2 line 6 “a user” and/or claim 1 line 3 “a user”.
Each of claims 3, 4, 5, 8 recite the limitation "the user terminal". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites “one or more pieces of content” which renders this claim unclear. More specifically, it is unclear as to whether claim 5 “one or more pieces of content” is the same as, different than or in addition to “one or more pieces of content’ recited in claim 4.
Claim 6 recites “relatively high” which renders this claim unclear in the absence of any frame of reference with which the term “relatively high” is referenced/compared i.e. is it calculated based on difference between the before and after first status information and the second statue information or something else.
Claim 9, 11, 13-14 recites “good state” and/or “poor state” which render this claim unclear. More specifically, The term “good” and “poor” in these claims is a relative term which renders the claim indefinite. The term “good” and “poor” in the context used is not defined by the claim and the reference/base-line with respect to which “good state” and “poor state” are defined is not unclear.
Claim 12 and 14 recites “brain wave is good” which render this claim unclear. More specifically, The term “good” is a relative term which renders the claim indefinite. The term “good” in the context used is not defined by the claim and the reference/base-line with respect to which “good” brainwave is defined is not unclear.
Dependent claims 2-14 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 2-14 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. [0018], [0026-0027], [0041], [0054], [0076-0077].
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 Interpretation Under 35 U.S.C 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claims that invoke 35 U.S.C 112 (f)
Generic Placeholder
Specification Support in instant application specification as-filed dated 08/26/2022
1-14
“information processing apparatus”
Para. [0016] “computer”
at least 1
“a selection part”
Para. [0023] “control part”; [0034] “Central Processing Unit (CPU)”; para. [0076] “user terminal” which is disclosed in [0017] as smartphone, tablet or personal computer)
at least 1
“an acquisition part”
Para. [0023] “control part”; [0034] “Central Processing Unit (CPU)”; para. [0076] “user terminal” which is disclosed in [0017] as smartphone, tablet or personal computer)
at least 1, 6
“a state identification part”
Para. [0023] “control part”; [0034] “Central Processing Unit (CPU)”; para. [0076] “user terminal” which is disclosed in [0017] as smartphone, tablet or personal computer)
at least 1, 6
“a notification part”
Para. [0023] “control part”; [0034] “Central Processing Unit (CPU)”; para. [0076] “user terminal” which is disclosed in [0017] as smartphone, tablet or personal computer)
At least 6
“update part”
Para. [0023] “control part”; [0034] “Central Processing Unit (CPU)”; para. [0076] “user terminal” which is disclosed in [0017] as smartphone, tablet or personal computer), fig. 6 “136”
At least 4
“content identification part”
Para. [0023] “control part”; [0034] “Central Processing Unit (CPU)”; para. [0076] “user terminal” which is disclosed in [0017] as smartphone, tablet or personal computer), fig. 5 “135”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Chase et al. (Pub. No.: US 20150297108 A1, hereinafter referred to as “Chase”).
As per independent Claim 1, Chase discloses an information processing apparatus (Chase in at least abstract, fig. 1-4, [0002], [0010-0017], [0019-0036], [0038-0043] for example discloses relevant subject-matter. More specifically, Chase in at least fig. 1-3, [0012-0013] for example discloses information processing apparatus 100. See at least Chase [0013] “Cognitive enhancement system 100 may provide for the enhancement of brainwaves to achieve a desired brain state …Cognitive enhancement system 100 may include computing system 105”) comprising:
a storage that stores analysis method information indicating an analysis method corresponding to an analysis of brain waves of a user and notification method information indicating a notification method for notifying the user of a state of the brain waves of the user identified by the analysis, in association with each of a plurality of user states indicating a symptom or ability of the user (Chase in at least fig. 1-3, 4, [0012-0013], [0024-0025], [0028] for example discloses a storage 240 that stores analysis method information 250 indicating an analysis method corresponding to an analysis of brain waves of a user 118 and notification method 470 information indicating a notification method 125, 470 for notifying the user of a state of the brain waves of the user identified by the analysis, in association with each of a plurality of user states indicating a symptom or ability of the user (see fig. 3). See at least Chase [0012] “cognitive enhancement using feedback… stimulating a brain of a user using feedback to attempt to achieve the target brain state in the user”; [0025] “Brain state database 250 may be any component configured to store frequencies and associated brain states”; [0028] “Modes 310A-F may correspond to any target brain state.”);
a selection part that selects an improvement target state that is a user state that is to be improved by a target user whose brain waves are detected, among the plurality of user states (Chase in at least fig. 1, 3-4, [0028-0031], [0041] for example discloses a selection part 230 that selects an improvement target state that is a user state that is to be improved by a target user whose brain waves are detected, among the plurality of user states as seen in fig. 3. See at least Chase [0028] “Modes 310A-F may correspond to any target brain state… …Modes 310A-F may also include treatment mode 310E, which may display neurological disorders for which user 118 may receive treatment… computing system 105 may display treatment mode 310E corresponding to PTSD, depression, epilepsy, or any other neurological disorder. Upon selection of one of modes 310A-F, computing system 105 may provide a signal to cognitive enhancement module 110”; [0029] “When cognitive enhancement module 110 finds the target brain state of learning in brain state database 250, cognitive enhancement module 110 may retrieve the target frequency corresponding to the selected learning brain state.”;);
an acquisition part that acquires brain wave information indicating brain waves of the target user (Chase in at least fig. 1, 4B, [0016], [0031-0032] for example discloses an acquisition part 117, 230 that acquires brain wave/EEG information 430, 440 indicating brain waves of the target user 118. See at least Chase [0031] “electrical output of the brain of user 118 received from one or more sensors coupled to user 118 may be measured. The sensors may include electrodes 117 … Electrodes 117 may sense electrical oscillations of the brain waves of user 118 … Electrodes 117 may provide a signal associated with the sensed electrical oscillations to cognitive enhancement module 110, which may perform various measurements using the signal”);
a state identification part that identifies a state of the brain waves of the target user indicated by the brain wave information according to an analysis method indicated by the analysis method information stored in the storage in association with an improvement target state selected by the selection part (Chase in at least fig. 1-4, [0029-0030], [0041] for example discloses state identification part 230, 430, 440 that identifies 440 a state of the brain waves of the target user indicated by the brain wave information 430 according to an analysis method indicated by the analysis method information stored in the storage in association with an improvement target state selected by the selection part. See at least Chase [0041] “cognitive enhancement module 110 may perform a search in brain state database 250 to determine the target frequency associated with a target brain state selected by user 118. Cognitive enhancement module 110 may stimulate the brain of user 118 using feedback to attempt to achieve the target brain state. To stimulate the brain of user 118, cognitive enhancement module 110 may measure an electrical output of the brain of user 118 received from one or more sensors coupled to user 118.”); and
a notification part that notifies the target user of the state of the brain waves identified by the state identification part on the basis of the notification method indicated by the notification method information stored in the storage in association with the improvement target state selected by the selection part (Chase in at least fig. 1-4, [0012], [0019], [0029-0035], [0038], [0041] for example discloses a notification part 125, 230, 470 that notifies the target user 118 of the state of the brain waves identified by the state identification part on the basis of the notification method indicated by the notification method information stored in the storage in association with the improvement target state selected by the selection part. See at least Chase [0012] “stimulating a brain of a user using feedback to attempt to achieve the target brain state in the user”; [0038] “one or more pathways through which a signal is sent may be any excitation pathway configured to provide a signal to the brain of user 118 …pathway may be a optical pathway, which provides an optical stimulation… may include a light signal sent through the eye of user 118…audible pathway may include a sound sent through the ear of user 118…Multiple pathways may be used at once in certain embodiments”).
As per dependent Claim 2, Chase further discloses information processing apparatus wherein the storage stores the analysis method information, attribute information indicating attributes of a plurality of users, and a plurality of pieces of the notification method information corresponding to each of the attributes of the plurality of users in association with each of the plurality of user states, and stores user identification information for identifying a user in association with attribute information indicating the attribute of the user (Chase in at least fig. 1-4, [0013-0014], [0017], [0024-0025], [0028], [0038], [0041] for example discloses storage 240 stores the analysis method information, attribute information indicating attributes of a plurality of users ([0017]), and a plurality of pieces of the notification method information ([0019], [0038]) corresponding to each of the attributes of the plurality of users in association with each of the plurality of user states (fig. 2-3) , and stores user identification information for identifying a user in association with attribute information indicating the attribute of the user. See at least Chase [0025] “Brain state database 250 may be any component configured to store frequencies and associated brain states. … brain state database 250 may have a cell for a target brain state of expert and a corresponding frequency. Brain state database 250 may include target frequencies based on research that indicates that a target brain state corresponds to a particular target frequency … Brain state database 250 may include target frequencies customized to user 118”; [0028] “Modes 310A-F may correspond to any target brain state… …Modes 310A-F may also include treatment mode 310E, which may display neurological disorders for which user 118 may receive treatment… computing system 105 may display treatment mode 310E corresponding to PTSD, depression, epilepsy, or any other neurological disorder. Upon selection of one of modes 310A-F, computing system 105 may provide a signal to cognitive enhancement module 110”; [0038] “one or more pathways through which a signal is sent may be any excitation pathway configured to provide a signal to the brain of user 118 …pathway may be a optical pathway, which provides an optical stimulation… may include a light signal sent through the eye of user 118…audible pathway may include a sound sent through the ear of user 118”), and
the notification part identifies an attribute of the target user by identifying the attribute information associated with the user identification information of the target user, and notifies the target user of the state of the brain waves identified by the state identification part on the basis of the notification method stored in the storage in association with the improvement target state selected by the selection part and the identified attribute of the target user (Chase in at least fig. 1-4, [0017], [0019], [0024-0025], [0038], [0041] for example discloses notification part 230 identifies an attribute of the target user by identifying the attribute information associated with the user identification information of the target user, and notifies the target user of the state of the brain waves identified by the state identification part on the basis of the notification method stored in the storage in association with the improvement target state selected by the selection part and the identified attribute of the target user. See at least Chase [0041] “cognitive enhancement module 110 determines a target frequency corresponding to a target brain state… cognitive enhancement module 110 may perform a search in brain state database 250 to determine the target frequency associated with a target brain state selected by user 118. Cognitive enhancement module 110 may stimulate the brain of user 118 using feedback to attempt to achieve the target brain state. …Cognitive enhancement module 110 may determine a current frequency associated with the brain of user 118 based on the measured electrical output… Cognitive enhancement module 110 may repeat the measuring, determining, and sending steps until the target brain state is achieved ).
As per dependent Claim 3, Chase further discloses information processing apparatus, wherein the notification method information includes information indicating a combination of a type of content used for notifying the state of the brain waves and a mode of changing components of the content on the basis of the state of the brain waves (Chase in at least fig. 1-4, [0019], [0038], [0041] for example discloses notification method information includes information indicating a combination of a type of content such as sound/audio and/or light used for notifying the state of the brain waves and a mode of changing components of the content on the basis of the state of the brain waves. See at least Chase [0038] “one or more pathways through which a signal is sent may be any excitation pathway configured to provide a signal to the brain of user 118 …pathway may be a optical pathway, which provides an optical stimulation… may include a light signal sent through the eye of user 118…audible pathway may include a sound sent through the ear of user 118”),
the selection part receives, from the target user, a selection of content corresponding to a type of content included in notification method information associated with the improvement target state selected by the selection part (Chase in at least fig. 1-4, [0027-0028], [0039], [0041] for example discloses selection part 230 receives, from the target user, a selection of content corresponding to a type of content included in notification method information associated with the improvement target state selected by the selection part. See at least Chase [0041] “cognitive enhancement module 110 may perform a search in brain state database 250 to determine the target frequency associated with a target brain state selected by user 118. Cognitive enhancement module 110 may stimulate the brain of user 118 using feedback to attempt to achieve the target brain state. … When the difference between the current frequency and the target frequency is greater than a predetermined amount, cognitive enhancement module 110 may send a signal to the brain of user 118 through one or more pathways. The signal may have a frequency operable to modify the current frequency towards the target frequency. Cognitive enhancement module 110 may repeat the measuring, determining, and sending steps until the target brain state is achieved.”), and
the notification part outputs the content selected by the selection part to the user terminal, and notifies the target user of the state of the brain waves identified by the state identification part by changing the components of the content in a mode in which the components of the content indicated by the notification method information stored in the storage in association with the improvement target state are changed (Chase in at least fig. 3-5, [0012-0015], [0019], [0038], [0028], [0041] for example discloses notification part 230 outputs the content selected by the selection part to the user terminal, and notifies the target user of the state of the brain waves identified by the state identification part by changing the components of the content in a mode in which the components of the content indicated by the notification method information stored in the storage in association with the improvement target state are changed. See at least Chase [0041] “cognitive enhancement module 110 may perform a search in brain state database 250 to determine the target frequency associated with a target brain state selected by user 118. Cognitive enhancement module 110 may stimulate the brain of user 118 using feedback to attempt to achieve the target brain state… Cognitive enhancement module 110 may determine a current frequency associated with the brain of user 118 based on the measured electrical output. …When the difference between the current frequency and the target frequency is greater than a predetermined amount, cognitive enhancement module 110 may send a signal to the brain of user 118 through one or more pathways. The signal may have a frequency operable to modify the current frequency towards the target frequency. Cognitive enhancement module 110 may repeat the measuring, determining, and sending steps until the target brain state is achieved.”).
As per dependent Claim 4, Chase further discloses information processing apparatus wherein the notification method information includes information indicating a combination of a type of content used for notifying the state of the brain waves and a mode of changing components of the content on the basis of the state of the brain waves (Chase in at least fig. 1-4, [0019], [0025], [0028-0031], [0038-0039], [0042] for example discloses notification method information includes information indicating a combination of a type of content used for notifying the state of the brain waves and a mode of changing components of the content on the basis of the state of the brain waves. See at least Chase [0025] “Brain state database 250 may be any component configured to store frequencies and associated brain states… brain state database 250 may have a cell for post-traumatic stress disorder (“PTSD”) and an associated cell for a target brain frequency for improving a user's PTSD condition… Brain state database 250 may include target frequencies customized to user 118”; [0029-0030] “if a user selects mode 310B using the example computing system 105 in FIG. 3, cognitive enhancement module 110 may search brain state database 250 for a target brain state of learning. When cognitive enhancement module 110 finds the target brain state of learning in brain state database 250, cognitive enhancement module 110 may retrieve the target frequency corresponding to the selected learning brain state… brain of user 118 may be stimulated using feedback to attempt to achieve the target brain state in user 118”;[0038] “one or more pathways through which a signal is sent may be any excitation pathway configured to provide a signal to the brain of user 118… Multiple pathways may be used at once in certain embodiments.”; [0042] “Cognitive enhancement module 110 may provide for multiple excitation pathways so that a user may select the most effective pathway in an embodiment.”),
the storage stores a plurality of pieces of content and a type of the content in association with each other, among the plurality of pieces of content stored in the storage, the notification part outputs any of one or more pieces of content associated with a type of content included in the notification method information associated with the improvement target state selected by the selection part to the user terminal, and notifies the target user of the state of the brain waves identified by the state identification part by changing components of the content in a mode in which the components of the content included in the notification method information are changed (Chase in at least fig. 1-4, [0025], [0038], [0041-0042] for example discloses storage 240, stores a plurality of pieces of content and content type in association with each other, among the plurality of pieces of content stored in the storage, the notification part outputs any of one or more pieces of content associated with content type included in the notification method information associated with the improvement target state selected by the selection part to the user terminal, and notifies the target user of the state of the brain waves identified by the state identification part by changing components of the content in a mode in which the components of the content included in the notification method information are changed. See at least [0025] “Brain state database 250 may include target frequencies customized to user 118”; [0038] “one or more pathways through which a signal is sent may be any excitation pathway configured to provide a signal to the brain of user 118 …pathway may be a optical pathway, which provides an optical stimulation… may include a light signal sent through the eye of user 118…audible pathway may include a sound sent through the ear of user 118…Multiple pathways may be used at once in certain embodiments”; [0041] “cognitive enhancement module 110 determines a target frequency corresponding to a target brain state. For example, cognitive enhancement module 110 may perform a search in brain state database 250 to determine the target frequency associated with a target brain state selected by user 118. Cognitive enhancement module 110 may stimulate the brain of user 118 using feedback to attempt to achieve the target brain state…When the difference between the current frequency and the target frequency is greater than a predetermined amount, cognitive enhancement module 110 may send a signal to the brain of user 118 through one or more pathways. The signal may have a frequency operable to modify the current frequency towards the target frequency. Cognitive enhancement module 110 may repeat the measuring, determining, and sending steps until the target brain state is achieved”), and
the information processing apparatus further includes a content identification part that identifies, as effective content, content with a relatively high frequency of causing an appearance of a state of brain waves having a high improvement effect for an improvement target state among the plurality of pieces of content, on the basis of the state of the brain waves of the target user identified by the state identification part when each of the plurality of pieces of content is output, wherein the notification part outputs the identified effective content to the user terminal in response to identification of the effective content by the content identification part (Chase in at least fig. 1-4, [0014], [0025], [0038-0039], [0041-0042] for example discloses the information processing apparatus further includes a content identification part 230 that identifies, as effective content, content with a relatively high frequency of causing an appearance of a state of brain waves having a high improvement effect for an improvement target state among the plurality of pieces of content, on the basis of the state of the brain waves of the target user identified by the state identification part if each of the plurality of pieces of content is output, wherein the notification part outputs the identified effective content to the user terminal such as a smartphone in response to identification of the effective content by the content identification part. See at least Chase [0025] “Brain state database 250 may include target frequencies customized to user 118”; [0038] “one or more pathways through which a signal is sent may be any excitation pathway configured to provide a signal to the brain of user 118 …pathway may be a optical pathway, which provides an optical stimulation… may include a light signal sent through the eye of user 118…audible pathway may include a sound sent through the ear of user 118…Multiple pathways may be used at once in certain embodiments”; [0039] “feedback loop allows for real-time adjustments. The range of stimulation may be adjusted in certain embodiments… system 100 may use the feedback loop to adjust the range of stimulation.”; [0042] “Cognitive enhancement module 110 may provide for the use of feedback to make real-time adjustments to cognitive enhancement …Cognitive enhancement module 110 may provide for multiple excitation pathways so that a user may select the most effective pathway in an embodiment. Cognitive enhancement module 110 may be customized to the particular user of cognitive enhancement system 100 … cognitive enhancement module 110 may allow for control of frequency, amplitude, waveform, and location of the signals sent to the brain of user 118.”).
As per dependent Claim 5, Chase further discloses information processing apparatus wherein the notification part identifies an attribute stored in the storage in association with the effective content, and outputs one or more pieces of content stored in the storage in association with the identified attribute to the user terminal (Chase in at least fig. 1-4, [0014], [0017], [0019], [0024-0025], [0038], [0041-0042] for example discloses the notification part 230, 125 identifies an attribute stored in the storage in association with the effective content, and outputs one or more pieces of content stored in the storage in association with the identified attribute to the user terminal/smartphone. See at least Chase [0025] “Brain state database 250 may be any component configured to store frequencies and associated brain states… Brain state database 250 may include target frequencies customized to user 118”; [0039] “feedback loop allows for real-time adjustments. The range of stimulation may be adjusted in certain embodiments… system 100 may use the feedback loop to adjust the range of stimulation.”; [0042] “Cognitive enhancement module 110 may provide for the use of feedback to make real-time adjustments to cognitive enhancement …Cognitive enhancement module 110 may provide for multiple excitation pathways so that a user may select the most effective pathway in an embodiment. Cognitive enhancement module 110 may be customized to the particular user of cognitive enhancement system 100 in some embodiments. … cognitive enhancement module 110 may allow for control of frequency, amplitude, waveform, and location of the signals sent to the brain of user 118.” ).
As per dependent Claim 6, Chase further discloses information processing apparatus, wherein the storage stores a plurality of pieces of the analysis method information in association with each of the plurality of user states (Chase in at least fig. 1-3, [0025], [0027-0028] for example discloses storage stores a plurality of pieces of the analysis method information in association with each of the plurality of user states. See at least cha [0025] “Brain state database 250 may be any component configured to store frequencies and associated brain states…Brain state database 250 may be a table associating a plurality of frequencies and corresponding target brain states … brain state database 250 may have a cell for a target brain state of expert and a corresponding frequency. Brain state database 250 may include target frequencies based on research that indicates that a target brain state corresponds to a particular target frequency … Brain state database 250 may include target frequencies customized to user 118 …frequencies at which the brain of user 118 is in a particular brain state may be measured and stored in brain state database 250.” ; [0027] “select a target brain state through the selection of various modes 310A-F within an application on computing system 105”; [0028] “Modes 310A-F may correspond to any target brain state…Each of modes 310A-F may be selectable by user 118 though a user input in an embodiment… Modes 310A-F may also include treatment mode 310E, which may display neurological disorders for which user 118 may receive treatment… Upon selection of one of modes 310A-F, computing system 105 may provide a signal to cognitive enhancement module 110),
the state identification part identifies the state of the brain waves of the target user indicated by the brain wave information according to an analysis method indicated by one of a plurality of pieces of the analysis method information stored in the storage in association with the improvement target state selected by the selection part (Chase in at least fig. 1-4, [0025], [0028], [0031-0032], [0041] for example discloses state identification part 230 identifies the state of the brain waves of the target user indicated by the brain wave information according to an analysis method indicated by one of a plurality of pieces of the analysis method information stored in the storage in association with the improvement target state selected by the selection part. See at least Chase [0032] “a current frequency associated with the brain of user 118 may be determined based on the measured electrical output.”; [0041] “cognitive enhancement module 110 may perform a search in brain state database 250 to determine the target frequency associated with a target brain state selected by user 118. Cognitive enhancement module 110 may stimulate the brain of user 118 using feedback to attempt to achieve the target brain state. To stimulate the brain of user 118, cognitive enhancement module 110 may measure an electrical output of the brain of user 118 received from one or more sensors coupled to user 118…cognitive enhancement module 110 may receive a signal from electrodes 117 and measure various characteristics of the signal. Cognitive enhancement module 110 may determine a current frequency associated with the brain of user 118 based on the measured electrical output. For example, cognitive enhancement module 110 may calculate the current frequency using the measured electrical output. … The signal may have a frequency operable to modify the current frequency towards the target frequency. Cognitive enhancement module 110 may repeat the measuring, determining, and sending steps until the target brain state is achieved”), and
the information processing apparatus further includes an update part that acquires first status information indicating status of the improvement target state of the target user before the notification part notifies the state of the brain waves, and second status information indicating status of the improvement target state of the target user after the notification part notifies the state of the brain waves obtained by analyzing the state of the brain waves using an analysis method indicated by one of a plurality of pieces of the analysis method information, and identifies the second status information indicating that the degree of improvement of the improvement target state is relatively high on the basis of the first status information and the second status information, and identifies an analysis method used when the identified second status information is acquired as an analysis method suitable for improving the improvement target state, and limits the analysis method stored in the storage associated with the improvement target state to the identified analysis method (Chase in at least fig. 1-4, [0014], [0025], [0038-0039], [0041-0042] for example discloses information processing apparatus further includes an update part 230 capable of performing the recited function as now explicitly, positively and specifically recited by the Applicants. See at least Chase [0025] “Brain state database 250 may include target frequencies customized to user 118”; [0034] “difference between the current frequency and the target frequency may be compared to a predetermined amount…When the difference between the current frequency and the target frequency is less than the predetermined amount, cognitive enhancement module 110 determines that the target brain state has been achieved, and method 420 ends. When the difference between the current frequency and the target frequency is greater than the predetermined amount, cognitive enhancement module 110 determines that the target brain state has not yet been achieved, and the method proceeds to step 470.”; [0039] “feedback loop allows for real-time adjustments. The range of stimulation may be adjusted in certain embodiments… system 100 may use the feedback loop to adjust the range of stimulation.”; [0042] “Cognitive enhancement module 110 may provide for the use of feedback to make real-time adjustments to cognitive enhancement …Cognitive enhancement module 110 may provide for multiple excitation pathways so that a user may select the most effective pathway in an embodiment. Cognitive enhancement module 110 may be customized to the particular user of cognitive enhancement system 100 …cognitive enhancement module 110 may allow for control of frequency, amplitude, waveform, and location of the signals sent to the brain of user 118.”).
As per dependent Claim 7, Chase further discloses information processing apparatus, wherein before notifying the target user of the state of the brain waves, the notification part identifies a range in which the state of the brain waves of the target user changes, on the basis of the state of the brain waves identified by the state identification part in a predetermined time, and sets a threshold for determining whether the state of the brain waves is good for improving the improvement target state or the state of the brain waves is poor for improving the improvement target state, in the range in which the state changes, and notifies the target user of the state of the brain waves in a mode corresponding to a result of comparing the state of the brain waves identified by the state identification part to the threshold (Chase in at least fig. 1-3, 4B, [0027], [0033-0034], [0038] for example discloses notification part 230, 125 capable of performing the recited function as now explicitly, positively and specifically recited by the Applicants by sending sound at a different frequency into each ear of user 118 to entrain the brain of user 118 at a frequency that is the difference between the frequencies of the sounds i.e. bin beats which is brain wave range. See at least Chase [0033] “a difference between the current frequency associated with the brain of user 118 and the target frequency may be determined… determination may be made based on a subtraction between the current frequency and the target frequency…target frequency may be obtained from brain state database 250”; [0034] “difference between the current frequency and the target frequency may be compared to a predetermined amount… When the difference between the current frequency and the target frequency is less than the predetermined amount, cognitive enhancement module 110 determines that the target brain state has been achieved, and method 420 ends. When the difference between the current frequency and the target frequency is greater than the predetermined amount, cognitive enhancement module 110 determines that the target brain state has not yet been achieved, and the method proceeds to step 470.”; [0038] “an audible pathway is used, a sound may be sent at a different frequency into each ear of user 118 to entrain the brain of user 118 at a frequency that is the difference between the frequencies of the sounds.”).
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chase in view of Travers et al. (Pub. No.: US 20190366031 A1, hereinafter referred to as “Travers”) and further in view of Burdea et al. (Pub. No.: US 20120136274 A1, hereinafter referred to as “Burdea”).
As per dependent Claim 8, Chase discloses information processing apparatus according to claim 1 (see claim 1 analysis), wherein a plurality of notification methods (Chase in at least [0011], [0019], [0038-0039]. See at least Chase [0038] “one or more pathways through which a signal is sent may be any excitation pathway configured to provide a signal to the brain of user 118 …pathway may be a optical pathway, which provides an optical stimulation… may include a light signal sent through the eye of user 118…audible pathway may include a sound sent through the ear of user 118…Multiple pathways may be used at once”) includes:
a first notification method for notifying the state of the brain waves by outputting a sound, which is content, to the user terminal and adding a noise to the content on the basis of the state of the brain waves of the target user (Chase in at least fig. 1-4, [0011], [0019], [0034], [0038-0039] for example discloses a first notification method for notifying the state of the brain waves by outputting a sound content to the user terminal and use of feedback to make real-time adjustments to cognitive enhancement such as adjustment of noise to the content on the basis of the state of the brain waves of the target user. See at least Chase [0011] “cognitive enhancement module 110 provides for the use of feedback to make real-time adjustments to cognitive enhancement… cognitive enhancement module 110 may be customized to the particular user of cognitive enhancement system 100”; [0019] “the stimulation signal adjusts a brain wave to be in synchrony with the stimulation signal, which may cause the stimulation signal and the brain wave to become coupled together thereby achieving a desired waveform. Stimulation device 125 may be any device configured to provide signals at a certain frequency to the brain of user 118 … stimulation device 125 may be any device configured to provide a light signal through the ear or eye of user 118, such as a device with fiber optics or a pair of glasses with a display…stimulation device 125 may be any device configured to provide an audible signal into an ear of user 118, such as a pair of headphones coupled to a sound-producing device”; [0038] “An audible pathway may be used … audible pathway may include a sound sent through the ear of user 118…audible pathway is used, a sound may be sent at a different frequency into each ear of user 118 to entrain the brain of user 118 at a frequency that is the difference between the frequencies of the sounds. Multiple pathways may be used at once”; );
a second notification method for outputting a video, which is content, to the user terminal and changing resolution of the content on the basis of the state of the brain waves of the target user (Here, video is being interpreted as combination of visual and auditory content delivered at once/simultaneously. Chase in at least fig. 1-4, [0011], [0019], [0038-0039] for example discloses a second notification method for outputting combination of audio and visual content at once i.e. video content to the user terminal and use of feedback to make real-time adjustments to cognitive enhancement such as changing content on the basis of the state of the brain waves of the target user. See at least Chase [0011] “cognitive enhancement module 110 provides for the use of feedback to make real-time adjustments to cognitive enhancement… cognitive enhancement module 110 may be customized to the particular user of cognitive enhancement system 100”; [0019] “the stimulation signal adjusts a brain wave to be in synchrony with the stimulation signal, which may cause the stimulation signal and the brain wave to become coupled together thereby achieving a desired waveform. Stimulation device 125 may be any device configured to provide signals at a certain frequency to the brain of user 118… stimulation device 125 may be any device configured to provide a light signal through the ear or eye of user 118, such as a device with fiber optics or a pair of glasses with a display…stimulation device 125 may be any device configured to provide an audible signal into an ear of user 118, such as a pair of headphones coupled to a sound-producing device”; [0038] “one or more pathways through which a signal is sent may be any excitation pathway configured to provide a signal to the brain of user 118 …Another pathway may be a optical pathway, which provides an optical stimulation, in certain embodiments….optical stimulation may include a light signal sent through the eye of user 118. An audible pathway may be used in some embodiments. For example, an audible pathway may include a sound sent through the ear of user 118…Multiple pathways may be used at once”);
a fourth notification method obtained by combining at least two notification methods, wherein the notification part notifies the target user of the state of the brain waves identified by the state identification part on the basis of one of the notification methods from the first notification method to the fourth notification method stored in the storage in association with the improvement target selected by the selection part (Chase in at least fig. 1, 4, [0011], [0038]. See at least Chase [0011] “cognitive enhancement module 110 provides for the use of feedback to make real-time adjustments to cognitive enhancement… cognitive enhancement module 110 may be customized to the particular user of cognitive enhancement system 100”; [0038] “one or more pathways through which a signal is sent may be any excitation pathway configured to provide a signal to the brain of user 118 …Another pathway may be a optical pathway, which provides an optical stimulation, in certain embodiments….optical stimulation may include a light signal sent through the eye of user 118. An audible pathway may be used in some embodiments. For example, an audible pathway may include a sound sent through the ear of user 118…Multiple pathways may be used at once”).
Chase does not explicitly disclose a notification method including changing resolution of the video content on the basis of the state of the brain waves of the target user and a notification method for causing a device capable of generating an aromatic substance disposed in the vicinity of the user to generate an aromatic substance on the basis of the state of the brain waves of the target user.
However, in an analogous information processing apparatus field of endeavor, Travers discloses an information processing apparatus (Travers in at least abstract, fig. 1-3, [0002], [0006], [0012], [0022], [0041-0043], [0053-0055], [0060-0061], [0065-0066], [0069-0075], [0078-0081], [0084-0085] for example discloses relevant subject-matter. Travers in at least fig. 1, abstract, [0041], [0047] for example discloses information processing apparatus 100, 104.), including
a notification method for outputting a video, which is content, to the user terminal and changing resolution of the content on the basis of the state of the brain waves of the target user (Travers in at least [0022], [0041], [0053], [0078], [0084] for example discloses notification method for outputting a video, which is content, to the user terminal and changing resolution of the content on the basis of the state of the brain waves of the target user. See at least Travers [0041] “apparatus may display content (e.g., treatment content) to a user via one or more display screens …electroencephalogram monitoring, visual evoked potential monitoring…to gauge the user's visual attention continually or intermittently. Using these measurements, the systems and methods … may determine whether the user is engaged with a presented treatment content, including the attention level of the user, and alter the processing and/or presentation of visual content”; [0053] “the display apparatus 102 may alter the brightness, blurring, contrast, resolution, modify or filter out certain spatial frequencies, timing of the presentation of input, and/or other visual quality or characteristic of the visual content or visual input perceptible either on the apparatuses screen … apparatus 102 may also make the prior modifications to either some or all of the visual input/visual content visible to each eye”).
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 second notification method video modification used in information processing apparatus as taught by Chase, such that the notification method includes changing resolution of the video content, as taught by Travers. A person of ordinary skill would have been motivated to do so as a matter of simple substitution of one know functional equivalent for another know functional equivalent (see MPEP 2143), with a reasonable expectation of success, for the advantage and predictable result of encouraging and guiding the user to the desired targeted mental state (Travers, [0041]).
The combination of Chase and Travers as a whole does not explicitly disclose a notification method for causing a device capable of generating an aromatic substance disposed in the vicinity of the user to generate an aromatic substance on the basis of the state of the brain waves of the target user.
However, in an analogous information processing apparatus field of endeavor, Burdea discloses an information processing apparatus (Burdea in at least abstract, [0007], fig. 4-5, [0014-0015], [0020-0021], [0023], [0042], [0045], [0049], [0052] for example discloses relevant subject-matter. More specifically, Burdea in at least fig. 4-5, [0014], [0042]for example discloses information processing apparatus 8. See at least Burdea [0014] “system for treating pain includes a computer… a display that can display to the patient a plurality of videogames under control of the computer…one or more bio-sensors worn by the patient and connected to the computer to provide one or more inputs to the computer, wherein the computer analyzes the one or more inputs to the computer from the one or more bio-sensors and controls… videogame in accordance with the inputs”; [0042] “computer 8 can be a PC, a laptop, tablet, and other similar equipment” ), including
a notification method for causing a device capable of generating an aromatic substance disposed in the vicinity of the user to generate an aromatic substance on the basis of the state of the brain waves of the target user (Burdea in at least fig. 4-5, [0014], [0021], [0049], [0052] for example discloses a notification/stimulation method for causing a device/smell generator 51 capable of generating an aromatic substance disposed in the vicinity of the user to generate an aromatic substance 42 on the basis of the state of the brain waves 47 of the target user obtained via EEG acquisition device 17. See at least Burdea [0014] “system can also include a smell generator connected to the computer wherein the computer can selectively and interactively cause one of a plurality of odors to be generated near the patient… a plurality of smells that can excite or relax the patient, as needed (determined by input from the neural headset or from other bio-sensors)”).
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 user notification/feedback used in the information processing apparatus of Chase, as modified with Travers, by further including a notification method for causing a device capable of generating an aromatic substance disposed in the vicinity of the user to generate an aromatic substance on the basis of the state of the brain waves of the target user as disclosed by Burdea. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of providing alternate and/or additional olfactory feedback mode to excite or relax the patient, as needed/desired (Burdea, [0014]).
As per dependent Claim 9, the combination of Chase, Travers and Burdea as a whole further discloses information processing apparatus wherein in a case where the state of the brain waves is notified to the target user on the basis of the first notification method, when the state of the brain waves indicates a poor state, the notification part adds more noises to be added to the content compared to when the state of the brain waves indicates a good state (Chase in at least fig. 1-4, [0011], [0019], [0034], [0038-0039] for example discloses subject-matter as now explicitly, positively and specifically recited by the Applicants. See at least Chase [0011] “cognitive enhancement module 110 provides for the use of feedback to make real-time adjustments to cognitive enhancement… cognitive enhancement module 110 may be customized to the particular user of cognitive enhancement system 100”; [0019] “the stimulation signal adjusts a brain wave to be in synchrony with the stimulation signal, which may cause the stimulation signal and the brain wave to become coupled together thereby achieving a desired waveform. Stimulation device 125 may be any device configured to provide signals at a certain frequency to the brain of user 118… stimulation device 125 may be any device configured to provide a light signal through the ear or eye of user 118, such as a device with fiber optics or a pair of glasses with a display. As still yet another example, stimulation device 125 may be any device configured to provide an audible signal into an ear of user 118, such as a pair of headphones coupled to a sound-producing device”; [0038] “An audible pathway may be used … audible pathway may include a sound sent through the ear of user 118…audible pathway is used, a sound may be sent at a different frequency into each ear of user 118 to entrain the brain of user 118 at a frequency that is the difference between the frequencies of the sounds. Multiple pathways may be used at once”).
As per dependent Claim 10, the combination of Chase, Travers and Burdea as a whole further discloses information processing apparatus wherein the notification part calculates a score such that the score becomes higher as the state of the brain waves is better, and increases the noise as the calculated score is lower (Chase disclosure in at least fig. 1-4, [0011], [0019], [0034-0035], [0038-0039] makes obvious subject-matter as now explicitly, positively and specifically recited by the Applicants as a simple matter of reversing the scoring designation used in the prior art to achieve similar predictable results of determining brain wave state in order to guide the user brain to a desired target brain wave state (MPEP 2144.04). See at least Chase [0011] “cognitive enhancement module 110 provides for the use of feedback to make real-time adjustments to cognitive enhancement… cognitive enhancement module 110 may be customized to the particular user of cognitive enhancement system 100”; [0019] “the stimulation signal adjusts a brain wave to be in synchrony with the stimulation signal, which may cause the stimulation signal and the brain wave to become coupled together thereby achieving a desired waveform. Stimulation device 125 may be any device configured to provide signals at a certain frequency to the brain of user 118… stimulation device 125 may be any device configured to provide a light signal through the ear or eye of user 118, such as a device with fiber optics or a pair of glasses with a display…stimulation device 125 may be any device configured to provide an audible signal into an ear of user 118, such as a pair of headphones coupled to a sound-producing device”; [0034-0035] “the difference between the current frequency and the target frequency may be compared to a predetermined amount… When the difference between the current frequency and the target frequency is less than the predetermined amount, cognitive enhancement module 110 determines that the target brain state has been achieved, and method 420 ends. When the difference between the current frequency and the target frequency is greater than the predetermined amount, cognitive enhancement module 110 determines that the target brain state has not yet been achieved…a signal may be sent to the brain of user 118 through one or more pathways.”; [0038] “An audible pathway may be used … audible pathway may include a sound sent through the ear of user 118…audible pathway is used, a sound may be sent at a different frequency into each ear of user 118 to entrain the brain of user 118 at a frequency that is the difference between the frequencies of the sounds. Multiple pathways may be used at once”).
As per dependent Claim 11, the combination of Chase, Travers and Burdea as a whole further discloses information processing apparatus wherein in a case where the state of the brain waves is notified to the target user on the basis of the second notification method, the notification part lowers the resolution of the content when the state of the brain waves indicates a poor state compared to when the state of the brain waves indicates a good state (Travers in at least [0022], [0041], [0053], [0078], [0084] for example discloses the notification part 100, 104 lowers the resolution of the content when the state of the brain waves indicates a poor state compared to when the state of the brain waves indicates a good state. See at least Travers [0041] “apparatus may display content (e.g., treatment content) to a user via one or more display screens …electroencephalogram monitoring, visual evoked potential monitoring…to gauge the user's visual attention continually or intermittently. Using these measurements, the systems and methods … may determine whether the user is engaged with a presented treatment content, including the attention level of the user, and alter the processing and/or presentation of visual content”; [0053] “the display apparatus 102 may alter the brightness, blurring, contrast, resolution, modify or filter out certain spatial frequencies, timing of the presentation of input, and/or other visual quality or characteristic of the visual content or visual input perceptible either on the apparatuses screen … apparatus 102 may also make the prior modifications to either some or all of the visual input/visual content visible to each eye”).
As per dependent Claim 12, the combination of Chase, Travers and Burdea as a whole further discloses information processing apparatus wherein the notification part does not lower the resolution of the content when the state of the brain waves is good (Travers in at least [0041], [0053], [0084]. See at least Travers [0053] “the display apparatus 102 may alter the brightness, blurring, contrast, resolution, modify or filter out certain spatial frequencies, timing of the presentation of input, and/or other visual quality or characteristic of the visual content or visual input perceptible either on the apparatuses screen … apparatus 102 may also make the prior modifications to either some or all of the visual input/visual content visible to each eye” [0084] “maintaining user attention during treatment … content is displayed to a user on a display screen 302…When the user is watching the presented content, at least one parameter of the user may be measured 304. If the at least one parameter indicates that the user is not engaged with the presented content 306, an attention booster may be presented to the user 308… if the system determines that the user is engaging with the presented content 306, the system will not present an attention booster and will cycle back 310 to the previous step 304, continuing to measure the at least one user parameter.”).
As per dependent Claim 13, the combination of Chase, Travers and Burdea as a whole further discloses information processing apparatus wherein the aromatic substance is an aromatic substance that awakens or relaxes the user, and in a case where the state of the brain waves is notified to the target user on the basis of the third notification method, the notification part reduces an amount of an aromatic substance generated by the device capable of generating the aromatic substance when the state of the brain waves indicates a poor state, compared to when the state of the brain waves indicates a good state (Burdea in at least fig. 4-5, [0014], [0021], [0049], [0052] for example discloses wherein the aromatic substance is an aromatic substance that awakens or relaxes the user, and in a case where the state of the brain waves is notified to the target user on the basis of the third notification method, the notification part reduces an amount of an aromatic substance generated by the device capable of generating the aromatic substance when the state of the brain waves indicates a poor state, compared to when the state of the brain waves indicates a good state. See at least Burdea [0014] “a system for treating pain includes a computer… display that can display to the patient a plurality of videogames under control of the computer… one or more bio-sensors worn by the patient and connected to the computer to provide one or more inputs to the computer, wherein the computer analyzes the one or more inputs to the computer from the one or more bio-sensors …system can also include a smell generator connected to the computer wherein the computer can selectively and interactively cause one of a plurality of odors to be generated near the patient, in response to events occurring in the therapeutic videogame; a plurality of smells that can excite or relax the patient, as needed (determined by input from the neural headset or from other bio-sensors)”).
As per dependent Claim 14, the combination of Chase, Travers and Burdea as a whole further discloses information processing apparatus wherein the notification part causes the aromatic substance to be generated when the state of the brain waves is good, and does not cause the aromatic substance to be generated when the state of the brain waves indicates a poor state (Burdea in at least fig. 4-5, [0014], [0021], [0049], [0052]. See at least Burdea [0014] “a system for treating pain includes a computer… display that can display to the patient a plurality of videogames under control of the computer… one or more bio-sensors worn by the patient and connected to the computer to provide one or more inputs to the computer, wherein the computer analyzes the one or more inputs to the computer from the one or more bio-sensors …system can also include a smell generator connected to the computer wherein the computer can selectively and interactively cause one of a plurality of odors to be generated near the patient, in response to events occurring in the therapeutic videogame; a plurality of smells that can excite or relax the patient, as needed (determined by input from the neural headset or from other bio-sensors)”).
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 20090105558 A1 to Riley-Doucet for disclosing user notification/training/biofeedback device based on user’s measured biometric physiological signals similar to that disclosed. More specifically, sensory intervention system for a patient in need thereof is provided, which comprises:(a) a soft device to be held by the patient comprising one or more stimulation units which are: (i) a speaker inside the device coupled to means for generating a sound; (ii) a light source visible outside the device for generating a soothing color; or (iii) an aroma generator, wherein the one or more of the stimulation units are coupled to a controller which is operably coupled to a wireless receiver means; and (b) a sensing unit adapted to be mounted on the patient and which detects patient agitation by electrically measuring physiological signals and wherein the sensing unit communicates with the soft device to provide instructions to the soft device to operate the one or more stimulation units in the soft device.
Prior art US 20180028777 A1 to Cheng for disclosing method for providing a feedback for relaxation and/or cultivation of attention similar to that disclosed. More specifically, Cheng discloses feedback based system and method that includes reducing and/or adjusting the generated feedback if the first person is not voluntarily attending on the non-respiratory bodily action at the present time. Alternatively or additionally, the method may further comprise stopping the generation of feedback if the first person and/or the plurality of persons are not voluntarily attending to the non-respiratory bodily action at the present time.
Prior art US 20120029379 A1 to Sivadas for disclosing assortment of algorithms, procedures and associated device-hardware to condition human mind on causality between a specific state of mind and an externally generated stimuli/feedback, including a procedure to collect bio signals underlying specific mental moods, characterize them, monitor bio signal activity to detect such moods, and play mind games that enhance mind's flexing power with the help of said device similar to that disclosed.
Prior art US 6097981 A to Freer for disclosing an electroencephalograph (EEG) based biofeedback system and method similar to that claimed and disclosed.
Prior art US 4883067 A to Knispel et al. for disclosing biofeedback music/sound so as to induce and control a wide variety of psychological and physiological states similar to that disclosed. More specifically, method and apparatus for applying a musical feedback signal to the human brain, or any other brain, to induce controllable psychological and physiological responses. A signal representing the ongoing electroencephalographic (EEG) signal of a brain preferably is obtained from the electrode location on the scalp. A signal processor converts the ongoing EEG into electrical signals which are converted into music by synthesizers. The music is acoustically fed back to the brain after a time delay calculated to shift the phase of the feedback in order to reinforce specific or desired ongoing EEG activity from the scalp position of interest. The music is comprised of at least one voice that follows the moment-by-moment contour of the EEG in real time to reinforce the desired EEG activity. The music drives the brain into resonance with the music to provide a closed loop or physiological feedback effect.
Prior art US 20180236232 A1 to Soulet De Brugiere et al. for disclosing methods and systems for personalized acoustic brain wave stimulation of a person similar to that disclosed. More specifically, method and system for personalized acoustic brain wave stimulation of a person. The system comprises an acoustic stimulation device and a remote server. The device comprises a memory able to store operating parameters, acquisition element of a measured signal analysis element in order to assess whether the person is in a state susceptible to stimulation and emission element designed for emitting an acoustic signal. The acquisition element, analysis element and/or emission element operate depending on operating parameters.
Prior art US 20010031930 A1 to Roizen et al. for disclosing device for detecting when a person is about to fall asleep and providing a feedback to the person indicating the impending mental state similar to that disclosed and claimed. More specifically, Roizen discloses system that monitors and measures directly the approach of a sleep state. When sleep onset is detected, the subject is restored to a fully awake state by an alert mechanism. Sleep onset is determined by monitoring EEG and EMG signals of the subject with a bispectral index monitor and applying an analysis algorithm to the index values output by the monitor.
Prior art US 20180133431 A1 to Malchano et a. for disclosing methods and system of the present disclosure can provide stimulation signals, including visual, auditory and peripheral nerve stimulation signals, to induce synchronized neural oscillations in the brain of a subject similar to that disclosed. More specifically, systems and methods directed to systems and methods for treating cognitive dysfunction in a subject in need thereof. The system measures a physiological condition of the subject, adjusts the variable parameter to a second value, generates a second output signal based on the fixed parameter and the second value of the variable parameter, and provides the output signal to the speaker to cause the speaker to provide modified sound to the subject.
Prior art US 20200205580 A1 to Sayadi et al. for disclosing system for providing feedback to a user to improve sleep/relax similar to that disclosed.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at http://www.uspto.gov/interviewpractice.
/SUNITA REDDY/Primary Examiner, Art Unit 3791
Prosecution Insights