Office Action Predictor
Application No. 17/918,696

SYSTEMS AND METHODS FOR TRANSPOSING SPOKEN OR TEXTUAL INPUT TO MUSIC

Non-Final OA §103§112
Filed
Oct 13, 2022
Examiner
SCHREIBER, CHRISTINA MARIE
Art Unit
2837
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
New York University
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
96%
With Interview

Examiner Intelligence

80%
Career Allow Rate
767 granted / 962 resolved
Without
With
+15.9%
Interview Lift
avg trend
2y 4m
Avg Prosecution
34 pending
996
Total Applications
career history

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
29.0%
-11.0% vs TC avg
§102
34.6%
-5.4% vs TC avg
§112
27.6%
-12.4% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§103 §112
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 . 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 1-3, 5, 6, 8-10, 12, 14-17, 19, 20, 22-24, 26 and 28 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 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the steps and elements. See MPEP § 2172.01. Such omission may also lead to a possible 35 USC 101 rejection. The omitted steps are: there is no indication by what means the steps are carried out. The receiving is done via a user interface, but there is no further recitation of processing means or other elements for carrying out the method steps. For example, is the selecting step done via the interface or another means, and is the converting step performed by the interface, a processor, or other means. Please clarify so that the relationship and correlation between steps is clearly defined. Further in claim 1, please clarify from where a mental exercise is selected and how the parameter of the user is received (i.e. via the user interface, stored data, etc.). Claim 3, similar to claim 1, please clarify by what means the seps of receiving, modifying and converting are performed. Claim 5, please clarify by what means the step of executing is performed. Claim 8, please clarify by what means the step of modulating is performed. Claims 15, 17, 19 and 22 are rejected for similar reasons as discussed above in claims 1, 3, 5 and 8. Further, please clarify on which claim, claim 26 should be dependent upon, given claim 25 is cancelled. The remaining clams, not specifically addressed, depend from, and therefore include, the rejected limitations outlined above. 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 1-3, 5, 6, 10, 12, 14-17, 19, 20, 24, 26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over the US patent application publication to Aimone et al. (US 2019/0342602) in view of the WIPO publication to Yanovskaya (WO 02/095717 A2), as outlined in the Written Opinion of parent application PCT/US2021/027107. In terms of claim 1, Aimone et al. teaches a method of modulating a state of a user, the method comprising (see FIG. 8, para [0132] 'In a non-limiting example of the embodiment of the present invention shown in FIG. 8, the user may be listening to music such that the content source is music playing over a sound system that is being modulated by the modulator. The user's intention is to have background music that has a calming effect allowing the user to focus on a mental task and not have the music be a distraction. The music is being modulated by analyzing the user's brainwaves and re-modulating the music if the user's brainwaves indicate agitation or distraction.'): - receiving, via a user interface, a first selection of a text (see para [0096] 'In another aspect of the invention, a user interface is linked to the communication utility, and is configured to allow access to the content in a form that is embellished using the present invention.'; para [0305] 'An application of the emo-state edited using the editor may include, in a content experience with a definite timeline, such as a video or audio clip, or with text where text-to-speech or a scrolling display window may be used, the association between content and emo -state can be made directly without user intervention. In an asynchronous experience the user may need to apply the emo-state timeline to the content manual using a time-warping operation. A region of text may be selected to apply the modulation.'); - selecting, based on at least one parameter of the user, a mental exercise (see para [0160] 'A user interface ("UI") may be provided by the computer system of the present invention where the user may select or presented with a goal (e.g. to be happy, creative, focused, calm, etc.). The UI may also indicate or allow the user to specify a preferred application to achieve the goal (e.g. meditation exercise). The UI may also provide an indication of or allow the user to specify a current activity performed by the user (e.g. doing homework, writing an email, using Facebook, etc.). The UI may also allow the user to self-report activities or events, and may provide a means for the user to override any application of rules or modification of presentation of the digital content through selection of or manual entry of a presentation control command.'); - converting, based on the selected mental exercise, the first selection of the text to at least one of a speech sequence (see para [0241] 'Text to speech conversion could read journal entries back to the user modulated with the emotion that the user felt when writing the respective entry. The journal may be written in a word processing application with time stamps synchronized to time stamps of the recorded bio-signal data by the computer system in order to determine what journal entry triggered what brain state in the user.'); and - outputting the at least one sequence via a transducer (see para [0129] 'Presenting digital content for presentation to the user, or modifying presentation of the digital content may include visual presentation (such as display on a display device connected to the computer system), audio presentation (such as playing sound or music on an audio device connected to the computer system, such as speakers or headphones), or any other type of presentation (e.g. through any type of presentation device or component, such as a tactile feedback device, such as a vibrating game controller or mobile phone).'; para [0406] 'Vibrotactile feedback can also be in the form of music, the vibration of a stereo system being transduced in such a way as it can be physically felt by the user, such as in a bass shaker. '). Aimone et al. does not however explicitly teach converting the first selection of the text to at least one of a first sung sequence or a first chanted sequence. Yanovskaya does teach converting the first selection of the text to at least one of a first sung sequence or a first chanted sequence (see pg. 4, 'And at a preparatory stage the speech studied information is formed by different knowledge sources and the thematic texts are composed by means of an analysis and synthesis. In future, these texts are transformed from a prose into a poetic form of a song and the speech studied information is reproduced as lyric either with a certain decomposition into correlative and commensurable poems with the representative poetic intonation, that are rhymed then, or the speech studied information is decomposed into verses that have no immanent features of their commensurability as blank verses, they are formed into syllabo, accentual prosody in the form of the blank verse, or in the epic poetry of a big size as a poem, or as a drama.'). It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date, to convert the first selection of the text of Aimone et al. to at least one of a first sung sequence or a first chanted sequence given music can invite attention, shorten learning time, and due to the influence of controlling signals in the form of a synthesis of musical and poetic means of the expressiveness of a song, enable activation of a perception, memory, and involves subconsciousness in studied information perception process (see Yanovskaya, pg. 6). As for claim 2, Aimone et al. further teaches wherein the at least one parameter of the user includes one of a gender of the user, a body-mass index of the user, a time of day, a genetic polymorphism of the user, a cultural background of the user, or a language chosen by the user (see para [0171] 'Features extracted from EEG signals vary widely across individuals. Factors such as age, work history, school performance at grade level, IQ, history of drug or alcohol abuse, history of psychiatric or cognitive problems, history of head injury or seizures, current CNS active medications, medical or neurological disorders, gender, ethnicity, weight and height, cigarette smoker or non-smoker, etc. contribute to this wide diversity. In addition to variance across individuals there is variance of EEG feature measurements within an individual caused by: drowsiness, agitation, time of last meal, time of day, etc.’). Therefore, obviousness stands for the reasons cited above. As for claim 3, Aimone et al. further teaches comprising: receiving feedback information indicative of the state of the user (see para [0141] ‘The profile may include directions to the computer system on how to modify presentation of the digital content based on the received bio-signal data or the determined brain state or emotion of the user. The computer system may also include a data mining improver, which may interface with the profile, and may learn a user's preferences and change the rules in the Rules Engine (described in greater detail later) for achieving the user's goal.'); - modifying, based on the at least one parameter of the user and the feedback information, the mental exercise to optimize the mental exercise for modulation of the state of the user (see para [0160] 'A user interface ("UI") may be provided by the computer system of the present invention where the user may select or presented with a goal (e.g. to be happy, creative, focused, calm, etc.). The UI may also indicate or allow the user to specify a preferred application to achieve the goal (e.g. meditation exercise). The UI may also provide an indication of or allow the user to specify a current activity performed by the user (e.g. doing homework, writing an email, using Facebook, etc.). The UI may also allow the user to self-report activities or events, and may provide a means for the user to override any application of rules or modification of presentation of the digital content through selection of or manual entry of a presentation control command.'; para [0141] 'The profile may include directions to the computer system on how to modify presentation of the digital content based on the received bio-signal data or the determined brain state or emotion of the user. The computer system may also include a data mining improver, which may interface with the profile, and may learn a user's preferences and change the rules in the Rules Engine (described in greater detail later) for achieving the user's goal.'; para [0272] 'Their emotions are captured at each point in time of the speech. The test-audience emotional response is compared to the intended emotional profile that the politician/executive wishes their audience to experience. With an understanding of the differences of the actual compared to the intended emotional responses, the speech can be modified to optimize emotional response.'); - receiving, via the user interface, a selection of a text (see para [0096] 'In another aspect of the invention, a user interface is linked to the communication utility, and is configured to allow access to the content in a form that is embellished using the present invention.'; para [0305] 'An application of the emo-state edited using the editor may include, in a content experience with a definite timeline, such as a video or audio clip, or with text where text-to-speech or a scrolling display window may be used, the association between content and emo-state can be made directly without user intervention. In an asynchronous experience the user may need to apply the emo-state timeline to the content manual using a time-warping operation. A region of text may be selected to apply the modulation."); - converting, based on the modified mental exercise, the selection of the text to at least one of a speech sequence (see para [0241] Text to speech conversion could read journal entries back to the user modulated with the emotion that the user felt when writing the respective entry. The journal may be written in a word processing application with time stamps synchronized to time stamps of the recorded bio-signal data by the computer system in order to determine what journal entry triggered what brain state in the user.'; para [0141] 'The profile may include directions to the computer system on how to modify presentation of the digital content based on the received bio-signal data or the determined brain state or emotion of the user. The computer system may also include a data mining improver, which may interface with the profile, and may learn a user's preferences and change the rules in the Rules Engine (described in greater detail later) for achieving the user's goal.'); and - outputting the at least one sequence via the transducer (see para [0129] 'Presenting digital content for presentation to the user, or modifying presentation of the digital content may include visual presentation (such as display on a display device connected to the computer system), audio presentation (such as playing sound or music on an audio device connected to the computer system, such as speakers or headphones), or any other type of presentation (e.g. through any type of presentation device or component, such as a tactile feedback device, such as a vibrating game controller or mobile phone).'; para [0406] 'Vibrotactile feedback can also be in the form of music, the vibration of a stereo system being transduced in such a way as it can be physically felt by the user, such as in a bass shaker.'). Yanovskaya further teaches converting the selection of the text to at least one of a sung sequence or a chanted sequence (see pg. 4 'And at a preparatory stage the speech studied information is formed by different knowledge sources and the thematic texts are composed by means of an analysis and synthesis. In future, these texts are transformed from a prose into a poetic form of a song and the speech studied information is reproduced as lyric either with a certain decomposition into correlative and commensurable poems with the representative poetic intonation, that are rhymed then, or the speech studied information is decomposed into verses that have no immanent features of their commensurability as blank verses, they are formed into syllabo, accentual prosody in the form of the blank verse, or in the epic poetry of a big size as a poem, or as a drama.'). Aimone et al. and Yanovskaya do not explicitly teach receiving, via the user interface, a second selection of a text; converting, based on the modified mental exercise, the second selection of the text to at least one of a second sung sequence or a second chanted sequence; and outputting the at least one of the second sung sequence or the second chanted sequence via the transducer. However, Aimone et al. does teach receiving, via the user interface, texts (see para [0096] 'In another aspect of the invention, a user interface is linked to the communication utility, and is configured to allow access to the content in a form that is embellished using the present invention.'; para [0305] 'An application of the emo-state edited using the editor may include, in a content experience with a definite timeline, such as a video or audio clip, or with text where text-to-speech or a scrolling display window may be used, the association between content and emo-state can be made directly without user intervention. In an asynchronous experience the user may need to apply the emo-state timeline to the content manual using a time-warping operation. A region of text may be selected to apply the modulation.'; para [0188] 'This encoding of reaction based on brain state may be used for a variety of purposes. For example, the present invention may be used as a highlighter to embellish content automatically, for example text, to allow the reader to recall it more easily; to draw their attention in subsequent reads; to help them keep focused in the writing; reminding them of their state of mind/body and its relation to the content.'); modifying the mental exercise (see para [0160] 'A user interface ("UI") may be provided by the computer system of the present invention where the user may select or presented with a goal (e.g. to be happy, creative, focused, calm, etc.). The UI may also indicate or allow the user to specify a preferred application to achieve the goal (e.g. meditation exercise). The UI may also provide an indication of or allow the user to specify a current activity performed by the user (e.g. doing homework, writing an email, using Facebook, etc.). The UI may also allow the user to self-report activities or events, and may provide a means for the user to override any application of rules or modification of presentation of the digital content through selection of or manual entry of a presentation control command.'; para [0141] 'The profile may include directions to the computer system on how to modify presentation of the digital content based on the received bio-signal data or the determined brain state or emotion of the user. The computer system may also include a data mining improver, which may interface with the profile, and may learn a user's preferences and change the rules in the Rules Engine (described in greater detail later) for achieving the user's goal.'; para [0272] 'Their emotions are captured at each point in time of the speech. The test-audience emotional response is compared to the intended emotional profile that the politician/executive wishes their audience to experience. With an understanding of the differences of the actual compared to the intended emotional responses, the speech can be modified to optimize emotional response.'); converting selections of text to at least one of a speech sequence (see para [0241] 'Text to speech conversion could read journal entries back to the user modulated with the emotion that the user felt when writing the respective entry. The journal may be written in a word processing application with time stamps synchronized to time stamps of the recorded bio-signal data by the computer system in order to determine what journal entry triggered what brain state in the user.'; para [0141] The profile may include directions to the computer system on how to modify presentation of the digital content based on the received bio-signal data or the determined brain state or emotion of the user. The computer system may also include a data mining improver, which may interface with the profile, and may learn a user's preferences and change the rules in the Rules Engine (described in greater detail later) for achieving the user's goal.'); and outputting the sequences via the transducer (see para [0129] 'Presenting digital content for presentation to the user, or modifying presentation of the digital content may include visual presentation (such as display on a display device connected to the computer system), audio presentation (such as playing sound or music on an audio device connected to the computer system, such as speakers or headphones), or any other type of presentation (e.g. through any type of presentation device or component, such as a tactile feedback device, such as a vibrating game controller or mobile phone).'; para [0406] 'Vibrotactile feedback can also be in the form of music, the vibration of a stereo system being transduced in such a way as it can be physically felt by the user, such as in a bass shaker. '). Therefore, it can be reasonably assumed that the method of Aimone et al. can select a second selection of a text, convert, based on the modified mental exercise, the second selection of the text to at least one of a second speech sequence, and output the at least one of the second speech sequence via the transducer. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to select a second selection of a text, convert, based on the modified mental exercise, the second selection of the text to at least one of a second speech sequence, and output the at least one of the second speech sequence via the transducer because it can be utilized to provide a better mental response to future mental exercises. Furthermore, since Yanovskaya does disclose receiving multiple texts and converting the texts to at least one of a sung sequence or a chanted sequence (see pg. 4 'And at a preparatory stage the speech studied information is formed by different knowledge sources and the thematic texts are composed by means of an analysis and synthesis. In future, these texts are transformed from a prose into a poetic form of a song and the speech studied information is reproduced as lyric either with a certain decomposition into correlative and commensurable poems with the representative poetic intonation, that are rhymed then, or the speech studied information is decomposed into verses that have no immanent features of their commensurability as blank verses, they are formed into syllabo, accentual prosody in the form of the blank verse, or in the epic poetry of a big size as a poem, or as a drama.'), it can be reasonably assumed that Yanovskaya's method can convert a second selection of the text to at least one of a second sung sequence or a second chanted sequence and output the at least one of the second sung sequence or the second chanted sequence. Nonetheless, it would have been obvious to convert the second selection of the text to at least one of a second sung sequence or a second chanted sequence and output the at least one of the second sung sequence or the second chanted sequence because a second sun sequence further creates new possibilities for individual, corrective, intensive tuition with the achievement of the therapeutic effect (see Yanovskaya, pg. 20). Further in claim 3, Aimone et al. teaches the feedback information as biological or physiological feedback information (see para [0141] ‘The computing device may store a bio-signal interaction classification profile (as shown in FIG. 9), or the computing device may communicate with one or more other computing devices in order to access information stored in such a profile. The profile may interface with the biological signal acquisition, the biological signal processing pipeline, the modulation controller, and the modulator. The bio-signal interaction classification profile may be user specific or more generally applicable. The profile may include portions that are user-specific and portions that are not user-specific. Each profile may be associated with a particular user. The profile may include information on how to determine a particular brain state or emotion or the user experience the digital content presentation.'). Still further in claim 3, Aimone et al. teaches the feedback includes user-input information (see para [0130] ‘The modulation controller may include or be associated with a set of rules that are applied to a specific goal established by the user. The modulation controller may receive features or predictions from the signal processing pipeline and apply rules that modulate the digital content. In addition, optionally, only parts of the content may be modulated such as only the audio portion of video. Each time the content is modulated and presented, the user's response may be determined, and the content may be modified further in accordance with the rules. The modulation of the content therefore may therefore be iterative, including based on input from the user.'). As for claim 5, Aimone et al. further teaches wherein modifying the mental exercise includes executing a Bayesian-optimization technique based on the biological or physiological feedback information (see para [0158] 'A modulation controller selector component may be provided, implemented in hardware or software that chooses a modulation controller, or set of rules, to apply to the content. The modulation controller selector may include a probability model, a local model update function, and a global model update function. The probability model may include a hierarchical bayes model, that allows for the estimation of what MC should be used given User inputs (e.g. User Goals, Activity, user state estimation, manual override, etc.), application state, and content features. The local model update function may update the probability model based on real-time user inputs, in particular based on the manual override (the presentation control command received from at least one user input device).'). Therefore, obviousness stands for the reasons cited above. As for claim 6, Aimone et al. further teaches wherein executing the Bayesian-optimization technique includes optimizing the mental exercise to modulate the state of the user (see para [0158] 'A modulation controller selector component may be provided, implemented in hardware or software that chooses a modulation controller, or set of rules, to apply to the content. The modulation controller selector may include a probability model, a local model update function, and a global model update function. The probability model may include a hierarchical bayes model, that allows for the estimation of what MC should be used given User inputs (e.g. User Goals, Activity, user state estimation, manual override, etc.), application state, and content features. The local model update function may update the probability model based on real-time user inputs, in particular based on the manual override (the presentation control command received from at least one user input device).'). Further in claim 6, Aimone et al. teaches the state of the user includes a mental mood of the user (see para [0132] 'In a non-limiting example of the embodiment of the present invention shown in FIG. 8, the user may be listening to music such that the content source is music playing over a sound system that is being modulated by the modulator. The user's intention is to have background music that has a calming effect allowing the user to focus on a mental task and not have the music be a distraction. The music is being modulated by analyzing the user's brainwaves and re modulating the music if the user's brainwaves indicate agitation or distraction.'). Therefore, obviousness stands for the reasons cited above. As claim 10, Aimone et al. further teaches the biological feedback information includes at least one of brain-scan information, image-analysis information, verbal-cue information, haptic-cue information, breathing-rate information, heart-rate information, blood-pressure information, eye-movement information, muscle-tone information, or pharmacodynamic markers (see para [0402] 'Feedback through a haptic or tactile feedback device, such as a vibrotactile device may also be provided or modulated, such as in a mobile phone, pager, vibrator, or other vibrating element in a device. Vibrotactile feedback can be directly proportional to brainwaves. For example, the more over the threshold of a certain band or state, the more intense the vibration, as controlled by the rules engine. For example, one's attention on a subject could be represented by beta band activity. As one's focus intensity increases, power of beta also increases, and the intensity of the vibration of a motor inside a device (such as cell phone), could also increase.'). Therefore, obviousness stands for the reasons cited above. As for claim 12, Aimone et al. further teaches wherein the user-input information includes a user selection of a metric indicative of a satisfaction of the user with the mental exercise (see para [0362] 'The present invention may be adapted so that one or more possible enhancements are presented, and these may be selected or rejected by the user. Selections may be used to capture user preferences over time.'). Further in claim 12, Aimone et al. further teaches the user-input information includes metadata indicative of one or more inputs provided by the user (see para [0239] ‘In a non-limiting exemplary embodiment of the present invention, one or more digital content items may be presented to the user, in succession. The user's bio-signal data may be measured by the bio-signal sensors and the user's brain state may be determined. For each content item presented, the user's bio-signal data or brain state data may be associated with the respectively presented content item. This feature of emotagging content items in succession may be referred to as "emocrawler". This may be accomplished by tagging the content item with metadata, or storing a separate data store with the associated data, or by any other means of association. The user may cycle through the presented content by clicking buttons such as "previous" or "next" or any other navigational buttons. The user may be asked to confirm the determined brain state determined by the computer system before associating it with the presented content item. Content items may then be later retrieved, grouped, displayed, presented, filtered, or prioritized by the respectively associated bio-signal data or brain state data. In particular, the associated data may be used to curate categorize and/or curate the user's content based on the user's emotional reaction to the content.'). Therefore, obviousness stands for the reasons cited above. As for claim 14, Yanovskaya further teaches the one or more inputs provided by the user include a selection of one or more properties of at least one of the sung sequence and the chanted sequence, the one or more properties including at least one of a pace, a tempo, a genre, a pitch, a timbre, and a duration of the at least one of the sung sequence and the chanted sequence (see pg. 24-25 'For example, a musical accompaniment of songs for the children of the pre-school age, early school age and the users with the intellectual deficiency they select or create taking into account their vocal possibilities, including short musical phrases the size of which is mot more than two tacts (bars) with a preferable dimension of 2/4 and the ending of the melody by the fourth or half note as well as with the ending of musical phrases at long notes, for the children of 4-5 years they select or create a musical accompaniment with the prolongation of musical phrases, for the children of 5-7 years and older they select or create a musical accompaniment of different tempos with a tendency to a moderate sounding and with a more elongated musical phrases with a size of 6-8 fourths.'; pg. 33 'Operating the speech studied information of a song content, music accompaniment of a song. tempo, data traffic amount as well as selecting the optimal functional state irritants it is possible to carry out a teaching process in the mode of an optimal functional state.'). Therefore, obviousness stands for the reasons cited above. In terms of claims 15-17, 19, 20, 24, 26 and 28, the same reasoning applied in the rejection of method claims 1-3, 5, 6, 10, 12 and 14, mutatis mutandis, applies to the subject-matter of stored instruction claims 15-17, 19, 20, 24, 26 and 28, given the method is considered inseparable from the instructions for implementing the method. Allowable Subject Matter Claims 8, 9, 22 and 23 are believed to be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The closest prior art of record are the references to Aimone et al. and Yanovskaya cited above, and the US patent application publication to Garten et al. (US 2019/0246936) Aimone et al. and Yanovskaya do not disclose wherein modulating the mental mood of the user includes modulating a predicted altered state of at least one region of the brain involved in managing stress, involved in verbalization information indicative of the state of the user, or involved in depression of the user including the bed nucleus of the stria terminalis (BNST) of the user. Garten et al. discloses wherein modulating the mental mood of the user includes modulating a predicted altered state of at least one region of the brain involved in managing stress, involved in verbalization information indicative of the state of the user, or involved in depression of the user including the amygdala of the user (see para [0077] 'The anterior cingulate cortex (ACC) is responsible for emotion and it may be detected by EEG. The anterior cingulate cortex (ACC) may be divided anatomically based on cognitive (dorsal), and emotional (ventral) components.'; para [0077] 'By contrast, the ventral part of the ACC is connected with amygdala, nucleus accumbens, hypothalamus, and anterior insula, and is involved in assessing the salience of emotion and motivational information.'; para [0082] 'Other data may also be associated with the song or used to determine the user's emotional response, such as measure of engagement (e.g. focus and entrainment with music) and EEG valence'; para [0197] 'FIG. 6 illustrates an exemplary architecture of the present invention, in particular for implementing this user story. FIG. 6 shows EEG signals 82 analyzed by the EEG Algorithm Pipeline 84. The pipeline 84 extracts features from the signal 82. These features are used by the Brain State Classifier 86 to output a prediction of user's brain state on a per time segment basis.'). No prior art could be found which explicitly teaches or fairly suggests modulating the mental mood of the user includes modulating a predicted altered state of at least one region of the brain involved in managing stress, involved in verbalization information indicative of the state of the user, or involved in depression of the user including the bed nucleus of the stria terminalis (BNST) of the user. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the Notice of References Cited provided by the Examiner, in particular, the US patent application publication to Garten et al. (US 2015/0297109). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christina Schreiber whose telephone number is (571)272-4350. The examiner can normally be reached M-F 7-4 PM. 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) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at 571-270-7938. 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. /CHRISTINA M SCHREIBER/Primary Examiner, Art Unit 2837 11/28/2025
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Prosecution Timeline

Oct 13, 2022
Application Filed
Nov 28, 2025
Non-Final Rejection — §103, §112
Feb 27, 2026
Examiner Interview Summary
Feb 27, 2026
Applicant Interview (Telephonic)
Apr 02, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology. Study what changed to get past this examiner.

Patent 12586554
METHODS AND APPARATUS TO EXTRACT A PITCH-INDEPENDENT TIMBRE ATTRIBUTE FROM A MEDIA SIGNAL
2y 5m to grant Granted Mar 24, 2026
Patent 12580985
ELEVATOR SYSTEM WITH A MULTIPURPOSE EDGE-GATEWAY AND METHOD FOR DATA COMMUNICATION
2y 5m to grant Granted Mar 17, 2026
Patent 12565401
ELEVATOR SWITCH MONITORING DEVICE
2y 5m to grant Granted Mar 03, 2026
Patent 12565402
MULTI-CAR ELEVATOR SYSTEM
2y 5m to grant Granted Mar 03, 2026
Patent 12567395
MUSIC GENERATION METHOD, MUSIC GENERATION APPARATUS AND COMPUTER-READABLE STORAGE MEDIUM
2y 5m to grant Granted Mar 03, 2026

AI Strategy Recommendation

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
96%
With Interview (+15.9%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 962 resolved cases by this examiner