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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 5/13/2024 and 9/13/2022 are being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 31-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,783,800 (Dieker et al., hereinafter Dieker) in view of US 2001/0049480 (John et al., hereinafter John) in view of US 2017/0039045 (Abrahami et al., hereinafter Abrahami).
In regards to claim 31, Dieker discloses a device that uses sensors to modulate therapeutic computer simulations to treat anxiety disorders (see title and abstract) using wearable components. The device includes the following components:
one or more sensors (wearable wristband has sensors that measure temperature, pulse, and body movements; a microphone can be present on a lapel; see column 13, line 43-column 14, line 18; figures 1 and 6);
one or more processors (column 2, lines 42-63; column 9, lines 5-column 10, line 47; figure 1, Central Processing Unit (1005), Graphic Processing Unit (1020), Audio Processing Unit (1030)); and
one or more non-transitory computer-readable media (memory storage devices, column 2, lines 42-63; figure 1, datastores (1010, 1060); column 9, lines 5-column 10, line 47) having executable instructions stored thereon that, when executed by the one or more processors, cause the device to perform the following operations (column 3, line 28 – column 4, line 42; column 5, line 53-column 6, line 63; column 11, lines 35-47):
connecting to a datastore that stores one or more sensory thresholds specific to a user of the wearable device, the one or more sensory thresholds selected from auditory, visual or physiological sensory thresholds (column 3, line 28 – column 4, line 42; column 5, line 53-column 6, line 63; column 11, lines 35-47);
connecting to a networked device, the networked device comprising a speaker or light emitting device (figure 1; column 9, line 53–19; head mounted augmented display 1025 is worn and connects to the other device components where the head mounted display generates visual and audio simulated environments which requires a speaker and a light emitting device)
recording, using the one or more sensors, a sensory input stimulus to the user (column 3, line 28 – column 4, line 42; column 5, line 53-column 6, line 63; column 11, lines 20-column 12, line 26; anxiety thresholds are being recorded with respect to the sensory stimuli being presented to the user) the sensory input stimulus generated at least in part due to sound emitted by the speaker or light emitted by the light emitting device (figure 1; column 9, line 53–19; head mounted augmented display 1025 is worn and connects to the other device components where the head mounted display generates visual and audio simulated environments which requires a speaker and a light emitting device);
comparing the sensory input stimulus with the one or more sensory thresholds specific to the user to determine a mediation to be provided to the user, the mediation configured to provide the user relief from distractibility, inattention, anxiety, fatigue, or sensory issues (column 3, line 28 – column 4, line 42; column 5, line 53-column 6, line 63; column 11, lines 20-column 13, line 15; based on the stimuli results and the comparison with the threshold, the machine increases or decreases the stimulation until the correct amount of stimulation is found); and
providing the mediation to the user in real-time, where the mediation comprises controlling the networked device to filter in real-time an audio signal or an optical signal presented to the user (column 3, line 28 – column 4, line 42; column 5, line 53-column 6, line 63; column 10, line 48-column 13, line 15; stimulation has optical and audio components which require the presence of an audio and video signal; Dieker also shows the filtering of light output by the lighting device (column 10, line 62-column 12, line 26; reduction of rendered light sources), which meets the filtering the optical signal limitations.
However, Dieker does not state that the intervention includes filtering in real-time an audio or optical signal presented to the user or that the there is a wireless connection with the networked device. In a related area, John, discloses the use of filtering before presenting stimuli to a user in order to control the intensity and frequency content of the stimulus (paragraph 129), which naturally adjusts the sound output of certain frequencies as using a frequency filter boosts certain frequencies while reducing or even zeroing out other frequencies. Thus, it would be obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the device of Dieker to include the step of filtering the intervention signals in real time as taught by John in order to control the intensity and frequency content of the stimulus.
However, Dieker and John do not state that there is a wireless connection with the networked device. In a related area, Abrahami discloses a cognitive state alteration system with integrative feedback (see title and abstract). Of note are figures 1-4 and paragraphs 88-101, 121, 160-167 where the devices that provide stimuli connect via wireless connection. Abrahami states that this allows systems to operate and use the same underlying database even if elements are added or removed for new modes of operation (paragraph 167). Thus, it would be obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify method of the system of Dieker and John to have their light emitting and speaker devices be part of a wireless network device as taught by Abrahami in order to allows systems to operate and use the same underlying database even if elements are added, removed, or replaced for new modes of operation.
In regards to claims 32 and 33, Dieker, John, and Abrahami disclose the limitations of claim 31. In addition, Dieker discloses a visual display device and an audio output device (column 2, line 64 -column 3, line-17), as these are computer components these would imply the presence of a light emitting device (display monitors generate light) and some speakers being present (surround sound as noted in the cited paragraphs would require the presence of speakers), which makes the devices communicatively coupled. Dieker also shows the filtering of light output by the lighting device (column 10, line 62-column 12, line 26; reduction of rendered light sources adjusts brightness), which meets the filtering the optical signal limitations of claims 32. Dieker presents the audio signal in real-time to the user via audio output. John also mentions in paragraph 129 control of the intensity/loudness and frequency content of the speaker using filtering.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DARYL DEANON LANNU whose telephone number is (571)270-1986. The examiner can normally be reached Monday-Thursday 8 AM - 5 PM, Friday 8 AM -12 PM.
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/JOSHUA DARYL D LANNU/Examiner, Art Unit 3791
/CARRIE R DORNA/Primary Examiner, Art Unit 3791