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 Objections
Claims 1, 9 and 19 are objected to because of the following informalities:
Regarding claims 1 and 19, there does not need to be a comma placed after “determining”. Remove “a” in “wherein the second audio signal is a repeated and/or spatially oscillating”.
Regarding claim 9, the comma placed after “playing” should be removed.
Appropriate correction is required.
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, 3-17 and 19 are rejected under 35 U.S.C. 103 as being obvious over Shrivastav et al. (US 8784311 B2) in view of Malchano et al. (US 20180133507 A1).
Regarding claim 1, Shrivastav et al. teaches a system for patient treatment, comprising a processor having associated non-transient memory including instructions that when executed cause the processor to perform the steps of (“interface 201 then communicates the one or more speech samples to the processor 202…stored in the memory 203”, Col. 6 lines 40-44):
Receiving sounds vocalized by a patient (“an input to the identification device 200 can include a microphone…speech sample can be recorded into the device 200”, Col. 6, lines 63-66)
Determining from the vocalized sounds, an exceptional frequency (“the acoustic measure of the speech sample can further include a measure of noise in the speech sample and a measure of partial loudness of the speech sample”, Col. 5, lines 58-61) that is either a prominent (“a measure of high frequency”, Col. 5, lines 56-57) or attenuated frequency (“a measure of low frequency”, Col. 5, line 56)
Deriving a first audio signal including the exceptional frequency (“the analysis may also evaluate…the frequency, the intensity, or other characteristics of cough during a conversation…measures from a speech sample can be taken and analyzed”, Col. 4, lines 4-7)
Shrivastav et al. does not teach measuring one or more physiological characteristics, and deriving a second audio signal from the breathing rate, as well as the first and second audio signals being played simultaneously during treatment.
However, Malchano et al. teaches a processor having a non-transient memory including instructions that when executed cause the processor to perform the steps of (“the non-transient computer readable medium may store instructions…executed by one or more processors”, paragraph [0116]):
Deriving a first audio signal (“the neural stimulation system can generate and transmit the identified audio signal”, paragraph [0011], “the audio signaling component 950 can include a first audio source that provides an audio signal”, paragraph [0414])
Measuring one or more physiological characteristics (“the neural stimulation system can receive or detect feedback associated with neural activity, physiological activity”, paragraph [0011]) indicative of a patient breathing rate and of a patient stress level (“the subject physiological monitor 3120 can measure a physiological status (e.g., heartrate, blood pressure, breathing rate, perspiration, etc.) of the subject”, paragraph [0762])
Deriving a second audio signal (“a second audio source that provides a second audio signal”, paragraph [0414]), wherein the second audio signal is repeated and/or spatially oscillating (“the acoustic wave 1000 can be a longitudinal wave if it oscillates or vibrates in the same direction of travel”, paragraph [0394]) at a second audio frequency no greater than the patient breathing rate (“audio generation module 910 can generate down-chirp pulses…where the frequency, amplitude, or wavelength of the acoustic wave of the acoustic pulse decreases”, paragraph [0410]), the processor can be configured to allow for the second audio signal to be no greater than the breathing rate of the patient
Playing the first and second audio signals to the patient for a period of a treatment session , wherein the first and second audio signals are played simultaneously for at least a portion of the treatment session (“audio generation component 910 can select a first tone for the first ear and a different second tone for the second ear”, paragraph [0415]), and wherein the second audio frequency is slower than the patient breathing rate (“audio generation module 910 can generate down-chirp pulses…where the frequency, amplitude, or wavelength of the acoustic wave of the acoustic pulse decreases”, paragraph [0410])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system for patient treatment of Shrivastav et al. with the processor of Malchano et al., and implementing a second audio signal derived from the breathing rate of the patient in order to effectively distribute therapy that helps reduce stress and other stress-related diseases.
Regarding claim 3, Shrivastav et al. in view of Malchano et al. teaches the first audio signal being a human breathing sound (“measures of aspiration noise”, Col. 5, line 49). Aspiration noises can include breathing sounds.
Regarding claim 4, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1.
Furthermore, Malchano et al. teaches an audio signal comprising a binaural beat created from two tones (“audio signals using binaural beats or binaural pulses…providing a different tone to each ear of the subject…two different tones”, paragraph [0413]) wherein the two tones have frequencies separated by a gap that is transposition of the exceptional sound frequency (paragraph [0419]), in the range of 0.1 to 30 HZ (“frequency of the acoustic wave can range from 0 to 50 kHz”, paragraph [0395]), and wherein a mean of the two tones is the exceptional sound frequency (“can form monaural beats by combining the two tones using a digital or analog technique”, paragraph [0419]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. and configure the processor to play binaural beats as a third audio signal to play simultaneously with the first and second audio signals, as well as finding the mean of the two tones in order to get the exceptional sound frequency.
Regarding claim 5, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1, but does not teach the first and second audio signals being played at a volume dependent on the patient stress level, and wherein the volume is increased during the treatment session as the patient stress level drops.
However, Malchano et al. teaches the audio signals being able to be adjusted (“the audio adjustment module 915 can increase or decrease the volume or tone of the audio source or auditory stimulation signal”, paragraph [0427]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. and configure the processor to adjust the volume of the audio signals depending on the stress level of the patient, in order to provide proper stress treatment for a patient.
Regarding claim 6, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1, but does not teach the step of playing the first and second audio signals comprising playing one audio signal by itself for a first period of the treatment session, then playing two audio signals simultaneously for a second period of the treatment session and then playing the one audio signal by itself for a third period of the treatment session.
However, Malchano et al. teaches providing a first sound followed by a second sound based off fixed parameters (“audio generation module may generate an output signal based on the fixed parameter…provide the output signal to the speaker…audio generation module may generate a second output signal…to the speaker”, paragraph [0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. and configure the processor to play one of the audio signals separately, then simultaneously, and finally the one audio signal, as a way to provide audio stimulus.
Regarding claim 7, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1.
Furthermore, Malchano et al. teaches playing simultaneously with the first and second audio signals, during at least a portion of the treatment session, a third audio signal comprising binaural 3D nature sounds (“audio pulses generated by the NSS 905 using a sound track…nature sounds”, paragraph [0422]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. to also play nature sounds in order to help treat stress in patients.
Regarding claim 8, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1.
Furthermore, Malchano et al. teaches playing simultaneously with the first and second audio signals, during at least a portion of the treatment session (“audio generation component 910 can select a first tone for the first ear and a different second tone for the second ear”, paragraph [0415]), a third audio signal comprising the exceptional energy sound frequency (“the audio adjustment module 915 can be designed and constructed to adjust a parameter associated with the audio signal, such as a frequency”, paragraph [0426])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. to provide a third source of audio signal which comprises the exceptional energy sound frequency, modifying the frequencies according to the patient simultaneously with the first and second audio signals.
Regarding claim 9, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1.
Furthermore, Malchano et al. teaches playing simultaneously with the first and second audio signals, during at least a portion of the treatment session, a third audio signal comprising the exceptional sound frequency, wherein the third audio signal is spatially varying with an oscillation corresponding to a rate that is similar or lower that a frequency of an EEG signal parameter (“the NSS 905 can receive neural oscillation information from EEG probes 1225, and adjust the auditory stimulation based on the EEG information…the NSS 905 can then identify the corresponding undesired frequency”, paragraph [0467]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. to have the third audio signal spatially varying with the oscillation of the desired frequency of the EEG signal parameters in order to match a brainwave frequency that reduces stress (“EEG sensor can be used to determine whether brain entrainment is occurring in the subject, for example by determining that the brain exhibits neural oscillations at a desired frequency during the therapy session”, paragraph [0727]).
Regarding claim 10, Shrivastav et al. in view of Malchano et al. teaches the exceptional energy level frequency being identified by frequency analysis of the patient’s speech (“the analysis may also evaluate…the frequency, the intensity…and other measures from a speech sample”, Col. 4, lines 4-9).
Regarding claim 11, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1.
Furthermore, Malchano et al. teaches characterizing a responsiveness of the patient’s vagus nerve to the audio signals (“the nerve stimulus 1805 may be delivered to…the vagus nerve”, paragraph [0547]) and responsively adjusting a frequency and/or volume of the audio signals (“the stimuli orchestration component…feedback information received from one or more feedback components…determine or adjust the value…frequency, wavelength, color, sound attenuation”, paragraph [0603]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. to adjust a parameter of the audio signals in order to stimulate the vagus nerve which regulates heart rate, and therefore gaining the ability to reduce stress in a patient.
Regarding claim 12, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1.
Furthermore, Malchano et al. teaches delivering to the patient visual stimulation during the treatment session (“the system may include a light source…visual signaling component executed by a visual neural stimulation system”, paragraph [0085]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. to provide visual stimulation with the use of lights to the patient for another form of stress treatment.
Regarding claim 13, Shrivastav et al. in view of Malchano et al. teaches adjusting a volume of audio signals to the patient’s schedule (“user may produce speech samples that correspond to a scheduled time, day, week, or month…further analysis of speech samples can be provided based on potential changes in the speech samples taken at the specified intervals”, Col. 8, lines 2-6).
Furthermore, Malchano et al. teaches adjusting a volume of audio signals to the patient’s environment (“the NSS 905 can modify or adjust audio signals provided to one or more of the speakers in system…modify, manipulate or otherwise adjust the audio signal to optimize the auditory stimulation provided to a subject located at a position in the room”, paragraph [0474]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. to configure the processor to adjust the volume of the audio signals depending on the patient’s schedule and environment in order to adapt to the patient’s surroundings and providing treatment.
Regarding claim 14, Shrivstav et al. in view of Malchano et al. teaches analyzing accumulated data from multiple patients to enhance the derivation of the audio signals (“determining the likelihood and type of disease state based upon the identified acoustic measures or language markers…obtained from a set of other speakers”, claim 12).
Regarding claim 15, Shrivastav et al. in view of Malchano et al. teaches providing a user interface for presenting bio-feedback (“the results may be provided via…website interace, or directly on a display screen of the device”, Col. 6, lines 50-53), wherein the user interface includes visual and social network features (“the speech sample is uploaded to a server through a network connected to the terminal used by the consumer”, Col. 8, lines 20-22).
Regarding claim 16, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1.
Furthermore, Malchano et al. teaches the measured physiological characteristics further comprising EEG signals (“neural oscillations of the brain of the subject may be monitored using brain wave sensors, electroencephalography (EEG)”, paragraph [0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. to retrieve measured physiological characteristics such as a patient’s brain activity, in order to determine the current state of the patient in order to better provide visual and audio treatment to help treat stress.
Regarding claim 17, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1.
Furthermore, Malchano et al. teaches scanning a range of frequencies and measuring at each frequency one or more physiological characteristics of the patient indicative of stress reduction to determine an optimal frequency (“the feedback monitor may measure, via a feedback sensor, a physiological condition of the subject during a first time interval…system may include an audio adjustment module”, paragraph [0066]) of a third audio signal to play during the treatment session (“the NSS 905 can be preconfigured to initially transmit acoustic pulses having a lowest setting for the acoustic wave intensity…and gradually increase the intensity…while monitoring feedback until an optimal audio intensity is reached”, paragraph [0497]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Shrivastav et al. in view of Malchano et al. to analyze one or more physiological characteristics of a patient and adjust the frequencies of an audio that achieve stress reduction in a patient.
Regarding claim 19, Shrivastav et al. teaches a method for patient treatment, implanted by a processor having associated non-transient memory including instructions that when executed cause the processor to perform the method (“interface 201 then communicates the one or more speech samples to the processor 202…stored in the memory 203”, Col. 6 lines 40-44), wherein the method comprises:
Receiving sounds vocalized by a patient (“an input to the identification device 200 can include a microphone…speech sample can be recorded into the device 200”, Col. 6, lines 63-66)
Determining from the vocalized sounds, an exceptional frequency (“the acoustic measure of the speech sample can further include a measure of noise in the speech sample and a measure of partial loudness of the speech sample”, Col. 5, lines 58-61) that is either a prominent (“a measure of high frequency”, Col. 5, lines 56-57) or attenuated frequency (“a measure of low frequency”, Col. 5, line 56)
Deriving a first audio signal including the exceptional frequency (“the analysis may also evaluate…the frequency, the intensity, or other characteristics of cough during a conversation…measures from a speech sample can be taken and analyzed”, Col. 4, lines 4-7)
Shrivastav et al. does not teach measuring one or more physiological characteristics, and deriving a second audio signal from the breathing rate, as well as the first and second audio signals being played simultaneously during treatment.
However, Malchano et al. teaches a processor having a non-transient memory including instructions that when executed cause the processor to perform the method comprising (“the non-transient computer readable medium may store instructions…executed by one or more processors”, paragraph [0116]):
Deriving a first audio signal (“the neural stimulation system can generate and transmit the identified audio signal”, paragraph [0011], “the audio signaling component 950 can include a first audio source that provides an audio signal”, paragraph [0414])
Measuring one or more physiological characteristics (“the neural stimulation system can receive or detect feedback associated with neural activity, physiological activity”, paragraph [0011]) indicative of a patient breathing rate and of a patient stress level (“the subject physiological monitor 3120 can measure a physiological status (e.g., heartrate, blood pressure, breathing rate, perspiration, etc.) of the subject”, paragraph [0762])
Deriving a second audio signal (“a second audio source that provides a second audio signal”, paragraph [0414]), wherein the second audio signal is repeated and/or spatially oscillating (“the acoustic wave 1000 can be a longitudinal wave if it oscillates or vibrates in the same direction of travel”, paragraph [0394]) at a second audio frequency no greater than the patient breathing rate (“audio generation module 910 can generate down-chirp pulses…where the frequency, amplitude, or wavelength of the acoustic wave of the acoustic pulse decreases”, paragraph [0410]), the processor can be configured to allow for the second audio signal to be no greater than the breathing rate of the patient
Playing the first and second audio signals to the patient for a period of a treatment session , wherein the first and second audio signals are played simultaneously for at least a portion of the treatment session (“audio generation component 910 can select a first tone for the first ear and a different second tone for the second ear”, paragraph [0415]), and wherein the second audio frequency is slower than the patient breathing rate (“audio generation module 910 can generate down-chirp pulses…where the frequency, amplitude, or wavelength of the acoustic wave of the acoustic pulse decreases”, paragraph [0410]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method for patient treatment of Shrivastav et al. with the method performed by the processor of Malchano et al., and implementing a second audio signal derived from the breathing rate of the patient in order to effectively distribute therapy that helps reduce stress and other stress-related diseases.
Claim 18 is rejected under 35 U.S.C. 103 as being obvious over Shrivastav et al. (US 8784311 B2) in view of Malchano et al (US 20180133507 A1) and further in view of Eastman (US 20120151319 A1).
Regarding claim 18, Shrivastav et al. in view of Malchano et al. teaches all the limitations of claim 1, but does not teach implementing eye movement desensitization and reprocessing (EMDR) procedures.
However, Wilson et al. teaches implementing eye movement desensitization and reprocessing (EMDR) procedures of eye movement monitoring during the treatment session (“self-directed stress assistance system…uses a self-directed Eye Movement Desensitization and Reprocessing (EMDR) application…stored on a server computing device”, paragraph [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Shrivastav et al. in view of Malchano et al. with the EMDR procedures of Eastman and implementing it into the processor, to perform an EMDR procedure and further providing therapy for the patient to reduce stress.
Conclusion
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/L.L.T./Examiner, Art Unit 3791
/ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791