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 .
Response to Arguments
Applicant's arguments filed 5 May 2026 regarding the 35 U.S.C. § 112 rejection of claim 1 have been fully considered but they are not persuasive. Examiner asserts that the applicant did not clarify all aspects of the claim in lines 9-10 that the examiner previously asked for clarification on. In the fourth paragraph (a control unit …), it is still unclear what the speakers are playing binaural beats in response to. Are the speakers activating in response to the presence of the user’s ears or is there a specific stimulus that is received by the device to initiate the playing of binaural beats. This is made further unclear when the applicant further states that the “frequency following response simultaneously”. Examiner still asks for clarification as to what the binaural beats are in response to.
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.
Claims 1-13 & 15 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 recites “the two speakers configured to play binaural beats with frequency following response” in lines 9-10. As written, the limitation “following response to the ears of the user” is unclear what the activation of the speakers is in response to. Examiner asks for clarification on whether the speakers are configured to play binaural beats in response to the presence of the user’s ears or if there is a specific response received by the device needed to either activate or alter the frequency played by the speakers. It is also unclear how the device is determining the stimuli that the speakers are responding to.
Conclusion
The examiner notes that, though no art has been applied against claims 8-15 at the is time, they are not presently allowable and the question of prior at will be revisited once the 112B issues have been addressed.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0069966 (Porter) teaches a neuro-training device by applying visual and auditory stimulation to a patient.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/N.R.D./Patent Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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