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
Claim 6 is objected to because of the following informalities:
In claim 6, line 4, “closing music” should read “closing music.”
Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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 –
Claim(s) 1-3, 9-14, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pelkus (WO 2019/027939).
Regarding claim 1, Pelkus teaches a system for adjusting a mood of a subject (Abstract), the system comprising:
a sensory stimulator system configured to apply one or more sensory stimuli to a subject (paragraphs 0008 and 0032; Fig. 4A);
a sensor system configured to obtain one or more biosignals from the subject (paragraphs 0033 and 0038-0046; Fig. 3A), the one or more biosignals being indicative or correlative of a mood of the subject (paragraphs 0032-0033); and
a computer system having one or more processors configured to receive the one or more obtained biosignals, and based thereon, generate a stimuli signal to adjust the sensory stimuli applied to the subject by the sensory stimulator system (Fig. 2B, system controller 200; para. 0016);
wherein the sensory stimulator system adjusts the one or more sensory stimuli applied to the subject based on the generated stimuli signal to obtain a predetermined mood, emotion, feeling, or affective state in the subject (paragraphs 0032 & 0047).
Regarding claim 2, Pelkus teaches the system according to claim 1 as stated above wherein the sensor system includes one or more of sensors (paragraphs 0016 & 0037) configured to obtain from the subject data relating to electrodermal activity (EDA), galvanic skin response (GSR), electrodermal response (EDR), psychogalvanic reflex (PGR), skin conductance response (SCR), sympathetic skin response (SSR) and skin conductance level (SCL), blood pressure (BP), pulse oximetry, oxygen saturation, electroencephalography (BEG), electromyography (EMG), body movement based on one or more accelerometers or one or more gyroscopes, electrocardiography (ECG), temperature of the subject (Fig. 2A, temperature sensor 225), thermal imaging, respiration, visual images of the subject, heart rate (HR) (Fig. 2A, heart or pulse rate detector/monitor 230), heart rate variability (HRV), photoelectric plethysmography (PPG), photoplethysmography imaging (PPGI), prefrontal cortex activity, oxyhemoglobin (oxy-Hb) concentration, cortisol levels including salivary cortisol levels, hair cortisol levels, and/or fingernail cortisol levels, pupil dilation, pupillometry, pulsimetry, accelerated plethysmography (APG), optical imaging of tissues of the subject including functional near infrared spectroscopy (fNIRS), functional magnetic resonance imaging (fMRI), computed tomography (CT), magnetoencephalography (MEG), positron emission tomography (PET), or infrared spectroscopy (NIRS).
Regarding claim 3, Pelkus teaches the system according to claim 1 as stated above wherein the sensory stimulator system is configured to apply auditory stimuli, visual stimuli, tactile stimuli, olfactory stimuli to the subject, or taste-based stimuli to the subject (paragraphs 0032 & 0047; Fig. 2A).
Regarding claim 9, Pelkus teaches the system according to claim 1 as stated above wherein the sensory stimulator system is a visual system configured to apply visual stimuli that includes providing visual light of varying frequencies, brightness, pulses, or combinations thereof or in varying patterns (paragraphs 0049 & 0068; Fig. 4A, virtual reality screen 403).
Regarding claim 10, Pelkus teaches the system according to claim 1 as stated above wherein the sensory stimulator system is a tactile system configured to apply tactile stimuli that includes varying force or pressure, providing vibrations of varying frequencies and varying amplitudes and to different parts of the subject (para. 0073; Fig. 4A), and/or
applying varying temperatures to different parts of the subject (para. 0071).
Regarding claim 11, Pelkus teaches a method for adjusting a mood of a subject (para. 0016), the method comprising:
applying one or more sensory stimuli to a subject (paragraphs 0016 & 0032; Fig. 4A);
obtaining one or more biosignals from the subject, the one or more biosignals being indicative or correlative of a mood of the subject (paragraphs 0032-0033 & 0038-0046; Fig. 3A);
receiving the one or more obtained biosignals and processing said biosignals by a computer system having one or more processors and based thereon, generating a stimuli signal to adjust the sensory stimuli applied to the subject (Fig. 2B, system controller 200; para. 0016); and
adjusting the one or more sensory stimuli applied to the subject based on the generated stimuli signal to obtain a predetermined mood, emotion, feeling, or affective state in the subject (paragraphs 0032 & 0047).
Regarding claim 12, Pelkus teaches the method according to claim 11 as stated above wherein the one or more biosignals obtained from the subject (paragraphs 0016 & 0037) include data relating to electrodermal activity (EDA), galvanic skin response (GSR), electrodermal response (EDR), psychogalvanic reflex (PGR), skin conductance response (SCR), sympathetic skin response (SSR) and skin conductance level (SCL), blood pressure (BP), pulse oximetry, oxygen saturation, electroencephalography (EEG), electromyography (EMG), body movement based on one or more accelerometers or one or more gyroscopes, electrocardiography (ECG), temperature of the subject (Fig. 2A, temperature sensor 225), thermal imaging, respiration, visual images of the subject, heart rate (HR) (Fig. 2A, heart or pulse rate detector/monitor 230), heart rate variability (HRV), photoelectric plethysmography (PPG), photoplethysmography imaging (PPGI), prefrontal cortex activity, oxyhemoglobin (oxy-Hb) concentration, cortisol levels including salivary cortisol levels, hair cortisol levels, and/or fingernail cortisol levels, pupil dilation, pupillometry, pulsimetry, accelerated plethysmography (APG), optical imaging of tissues of the subject including functional near infrared spectroscopy (fNIRS), functional magnetic resonance imaging (fMRI), computed tomography (CT), magnetoencephalography (MEG), positron emission tomography (PET), or infrared spectroscopy (NIRS).
Regarding claim 13, Pelkus teaches the method according to claim 11 as stated above wherein the one or more biosignals are obtained by retrieving the biosignals from a data storage having the data of the biosignal previously stored thereon (para. 0033; Fig. 2A, memory 202) or by receiving data of the biosignals.
Regarding claim 14, Pelkus teaches the method according to claim 11 as stated above wherein applying the one or more sensory stimuli includes applying auditory stimuli, visual stimuli, tactile stimuli, olfactory stimuli to the subject, or taste-based stimuli to the subject (paragraphs 0032 & 0047; Fig. 2A).
Regarding claim 19, Pelkus teaches the method according to claim 11 as stated above wherein the sensory stimulator system is
a visual system configured to apply visual stimuli that includes providing visual light of varying frequencies, brightness, pulses, or combinations thereof or in varying patterns, or
a tactile system configured to apply tactile stimuli that includes varying force or pressure, providing vibrations of varying frequencies and varying amplitudes and to different parts of the subject (para. 0073; Fig. 4A), and/or
applying varying temperatures to different parts of the subject (para. 0071).
Regarding claim 20, Pelkus teaches a hardware storage device having stored thereon computer executable instructions which (Fig. 2A, memory 202), when executed by one or more processors of a computer system, configure the computer system (paragraphs 0058-0059; Fig. 2A, system controller 200) to perform at least the following:
apply one or more sensory stimuli to a subject (paragraphs 0066-0073);
obtain one or more biosignals from the subject, the one or more biosignals being indicative or correlative of a mood of the subject (paragraphs 0060-0063);
receive the one or more obtained biosignals and processing said biosignals by a computer system having one or more processors and based thereon, generating a stimuli signal to adjust the sensory stimuli applied to the subject (para. 0065); and
adjust the one or more sensory stimuli applied to the subject based on the generated stimuli signal (para. 0074) to obtain a predetermined mood, emotion, feeling, or affective state in the subject (paragraphs 0032 & 0047).
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.
Claim(s) 4-8 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pelkus in view of Holloway et al. (WO 2018/068050).
Regarding claim 4, Pelkus teaches the system according to claim 1 as stated above. Pelkus fails to teach wherein the sensory stimulator system is an auditory system configured to apply auditory stimuli that includes providing one or more of the following: introductory music, a frequency scan of sound of varying frequencies, heartbeat-mimicking sound, instrumental music, natural sounds, and/or binaural beats.
Holloway et al. teaches an analogous system for inducing a target metal state wherein the sensory stimulator system is an auditory system configured to apply auditory stimuli (Abstract) that includes providing one or more of the following: introductory music, a frequency scan of sound of varying frequencies, heartbeat-mimicking sound, instrumental music, natural sounds, and/or binaural beats (para. 0016, “binaural beats to a person at varying frequencies”).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the system of Pelkus with the auditory system configured to apply auditory stimuli in the form of binaural beats of Holloway et al. By implementing binaural beats, the listener’s brainwaves can synchronize with the administered binaural beats, ultimately, administered binaural beats may induce a target mental state, such as a relaxed state or sleep state, in a person (Holloway et al., paragraphs 0037-0042).
Regarding claim 5, Pelkus teaches the system according to claim 1 as stated above. Pelkus fails to teach wherein the sensory stimulator system is an auditory system configured to apply auditory stimuli that includes providing one or more of the following sounds in consecutive sequence: introductory music, a frequency scan of sound of varying frequencies, heartbeat mimicking sound, instrumental music, natural sounds, binaural beats, and/or closing music.
Holloway et al. teaches an analogous system for inducing a target metal state wherein the sensory stimulator system is an auditory system configured to apply auditory stimuli that includes providing one or more of the following sounds in consecutive sequence: introductory music, a frequency scan of sound of varying frequencies, heartbeat mimicking sound, instrumental music, natural sounds, binaural beats, and/or closing music (paragraphs 0045-0047; Fig. 1, depicts biaural beat frequencies are plotted over time).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the system of Pelkus with the auditory system configured to apply auditory stimuli in the form of biaural beats of Holloway et al. Advantageously, the frequencies of the binaural beats during the continuous administered durations engage the user, prevent the user from becoming acclimatized to the binaural beats, and thereby maintain the effectiveness of auditory stimulus treatment (Holloway et al., para. 0053).
Regarding claim 6, Pelkus teaches the system according to claim 1 as stated above. Pelkus fails to teach wherein the sensory stimulator system is an auditory system configured to apply auditory stimuli that includes providing one or more of the following sounds concurrently: introductory music, a frequency scan of sound of varying frequencies, heartbeat mimicking sound, instrumental music, natural sounds, binaural beats, and/or closing music.
Holloway et al. teaches an analogous system for inducing a target metal state wherein the sensory stimulator system is an auditory system configured to apply auditory stimuli that includes providing one or more of the following sounds concurrently: introductory music, a frequency scan of sound of varying frequencies, heartbeat mimicking sound, instrumental music, natural sounds, binaural beats, and/or closing music (para. 0018, “durations can be continuous”; paragraphs 0065-0066; Fig. 1, depicts biaural beat frequencies are plotted over time).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the system of Pelkus with the auditory system configured to apply auditory stimuli in the form of binaural beats of Holloway et al. Advantageously, the frequencies of the binaural beats during the continuous administered durations engage the user, prevent the user from becoming acclimatized to the binaural beats, and thereby maintain the effectiveness of auditory stimulus treatment (Holloway et al., para. 0053).
Regarding claim 7, Pelkus teaches the system according to claim 1 as stated above. Pelkus fails to teach wherein the sensory stimulator system is an auditory system configured to apply auditory stimuli that includes providing a frequency scan of sound of varying frequencies including at least sound of a first frequency and sound of a second frequency, providing a frequency scan of sound of varying timbres including at least sound of a first timbre and sound of a second timbre, providing a frequency scan of sound of varying harmonies including at least sound of a first harmony and sound of a second harmony, providing a frequency scan of sound of varying loudness including at least sound of a first loudness and sound of a second loudness, a frequency scan of sound of varying pitch including at least sound of a first pitch and sound of a second pitch, providing a frequency scan of sound of varying tones including at least sound of a first tone and sound of a second tone, or providing a frequency scan of sound of varying pure tones including at least sound of a first pure tone and sound of a second pure tone.
Holloway et al. teaches an analogous system for inducing a target metal state wherein the sensory stimulator system is an auditory system configured to apply auditory stimuli (para. 0051, “auditory stimuli delivered to each ear can be selected”) that includes
providing a frequency scan of sound of varying frequencies including at least sound of a first frequency and sound of a second frequency,
providing a frequency scan of sound of varying timbres including at least sound of a first timbre and sound of a second timbre,
providing a frequency scan of sound of varying harmonies including at least sound of a first harmony and sound of a second harmony,
providing a frequency scan of sound of varying loudness including at least sound of a first loudness and sound of a second loudness,
a frequency scan of sound of varying pitch including at least sound of a first pitch and sound of a second pitch (para. 0058),
providing a frequency scan of sound of varying tones including at least sound of a first tone and sound of a second tone, or
providing a frequency scan of sound of varying pure tones including at least sound of a first pure tone and sound of a second pure tone.
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the system of Pelkus with the auditory system configured to apply auditory stimuli with varying pitch of Holloway et al. Advantageously, auditory stimuli within certain pitch frequencies may result in strong brainwave entrainment (Holloway et al., para. 0058).
Regarding claim 8, Pelkus teaches the system according to claim 1 as stated above. Pelkus fails to teach wherein the sensory stimulator system is an auditory system configured to apply auditory stimuli that includes introductory music a heartbeat mimicking sound instrumental music natural sounds, or a reproduction of man or machine-made-sounds.
Holloway et al. teaches an analogous system for inducing a target metal state wherein the sensory stimulator system is an auditory system configured to apply auditory stimuli that includes
introductory music
a heartbeat mimicking sound
instrumental music
natural sounds (para. 0021), or
a reproduction of man or machine-made-sounds.
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the system of Pelkus with the auditory system configured to apply auditory stimuli in the form of natural sounds of Holloway et al. By co-administering rain sounds, wind sounds, or ocean sounds, the displeasing sounds that some users may experience during the administration of binaural beats may be alleviated (Holloway et al., para. 0061).
Regarding claim 15, Pelkus teaches the method according to claim 11 as stated above. Pelkus fails to teach wherein applying the one or more sensory stimuli includes applying auditory stimuli that includes providing one or more of the following: introductory music, a frequency scan of sound of varying frequencies, heartbeat-mimicking sound, instrumental music, natural sounds, and/or binaural beats.
Holloway et al. teaches an analogous system and method for inducing a target metal state wherein applying the one or more sensory stimuli includes applying auditory stimuli that includes providing one or more of the following: introductory music, a frequency scan of sound of varying frequencies, heartbeat-mimicking sound, instrumental music, natural sounds, and/or binaural beats (para. 0016, “binaural beats to a person at varying frequencies”).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Pelkus with the auditory stimuli application in the form of administered binaural beats of Holloway et al. By implementing binaural beats, the listener’s brainwaves can synchronize with the administered binaural beats, ultimately, administered binaural beats may induce a target mental state, such as a relaxed state or sleep state, in a person (Holloway et al., paragraphs 0037-0042).
Regarding claim 16, Pelkus teaches the method according to claim 11 as stated above. Pelkus fails to teach wherein applying the one or more sensory stimuli includes applying auditory stimuli that includes providing one or more of the following sounds in consecutive sequence or concurrently: introductory music, a frequency scan of sound of varying frequencies, heartbeat mimicking sound, instrumental music, natural sounds, binaural beats, and/or closing music.
Holloway et al. teaches an analogous system and method for inducing a target metal state wherein applying the one or more sensory stimuli includes applying auditory stimuli that includes providing one or more of the following sounds in consecutive sequence or concurrently: introductory music, a frequency scan of sound of varying frequencies, heartbeat mimicking sound, instrumental music, natural sounds, binaural beats, and/or closing music (paragraphs 0045-0047; para. 0018, “durations can be continuous”; paragraphs 0065-0066; Fig. 1, depicts biaural beat frequencies are plotted over time).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Pelkus with the auditory stimuli application in the form of administered binaural beats of Holloway et al. Advantageously, the frequencies of the binaural beats during the continuous administered durations engage the user, prevent the user from becoming acclimatized to the binaural beats, and thereby maintain the effectiveness of auditory stimulus treatment (Holloway et al., para. 0053).
Regarding claim 17, Pelkus teaches the method according to claim 11 as stated above. Pelkus fails to teach wherein applying the one or more sensory stimuli includes applying auditory stimuli that includes providing a frequency scan of sound of varying frequencies including at least sound of a first frequency and sound of a second frequency, providing a frequency scan of sound of varying timbres including at least sound of a first timbre and sound of a second timbre, providing a frequency scan of sound of varying harmonies including at least sound of a first harmony and sound of a second harmony, providing a frequency scan of sound of varying loudness including at least sound of a first loudness and sound of a second loudness, a frequency scan of sound of varying pitch including at least sound of a first pitch and sound of a second pitch, providing a frequency scan of sound of varying tones including at least sound of a first tone and sound of a second tone, or providing a frequency scan of sound of varying pure tones including at least sound of a first pure tone and sound of a second pure tone.
Holloway et al. teaches an analogous system and method for inducing a target metal state wherein applying the one or more sensory stimuli includes applying auditory stimuli (para. 0051, “auditory stimuli delivered to each ear can be selected”) that includes
providing a frequency scan of sound of varying frequencies including at least sound of a first frequency and sound of a second frequency,
providing a frequency scan of sound of varying timbres including at least sound of a first timbre and sound of a second timbre,
providing a frequency scan of sound of varying harmonies including at least sound of a first harmony and sound of a second harmony,
providing a frequency scan of sound of varying loudness including at least sound of a first loudness and sound of a second loudness,
a frequency scan of sound of varying pitch including at least sound of a first pitch and sound of a second pitch (para. 0058),
providing a frequency scan of sound of varying tones including at least sound of a first tone and sound of a second tone, or
providing a frequency scan of sound of varying pure tones including at least sound of a first pure tone and sound of a second pure tone.
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Pelkus with the auditory stimuli application configured to be administered with sounds of varying pitch of Holloway et al. Advantageously, auditory stimuli within certain pitch frequencies may result in strong brainwave entrainment (Holloway et al., para. 0058).
Regarding claim 18, Pelkus teaches the method according to claim 11 as stated above. Pelkus fails to teach wherein applying the one or more sensory stimuli includes applying auditory stimuli that includes introductory music a heartbeat mimicking sound instrumental music natural sounds, a reproduction of man-made-sounds, or a reproduction of man-made-sounds or of machine-made-sounds.
Holloway et al. teaches an analogous system and method for inducing a target metal state wherein applying the one or more sensory stimuli includes applying auditory stimuli that includes
introductory music
a heartbeat mimicking sound
instrumental music
natural sounds (para. 0021),
a reproduction of man-made-sounds, or
a reproduction of man-made-sounds or of machine-made-sounds.
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Pelkus with the auditory stimuli application configured to be administered with natural sounds of Holloway et al. By co-administering rain sounds, wind sounds, or ocean sounds, the displeasing sounds that some users may experience during the administration of binaural beats may be alleviated (Holloway et al., para. 0061).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Harrar et al. (2008) teaches auditory and visual stimulation provided by loudspeakers and a green LED, respectively. Intrator (US 10,463,271) teaches an apparatus for monitoring brain activity, physiological parameters, and environmental parameters; the apparatus is controlled by a computer system that determines a personalized mental state of an individual. Sherpa et al. (US 9,566,411) discloses a computer implemented method and system for achieving a preferred state of mind of the user comprising sensors that detect biological markers. Tang et al. (CN 109568765) discloses a method for adjusting a user’s mood through multi-sensory applications, the applications include aromatherapy, tactile, sound, and auditory therapy.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BROGAN R LANDEEN whose telephone number is (571)272-1390. The examiner can normally be reached Monday - Friday 8:30am - 6:00pm.
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, Jennifer Robertson can be reached at (571) 272-5001. 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.
/BROGAN R LANDEEN/Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791